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Satish (all in all)     22 July 2014

Mothers property

Hello Sir / Madam

 

I have few queries pertaining to the transfer of property of my mother, post her demise. But before my queries, a brief background check:

My mother had purchased a flat in dombivli approx. 25 years back. She had purchased it on her own savings. She was a registered member of the society and had shares allotted to her. She had nominated me and my younger brother (then he was a minor) as nominees for the flat. As my brother was minor then, my grandmother was appointed as a care taker for him.

We lost our mother 6 months. Post my mother's demise, had filed an affidavit which was notarized and submitted to the society to transfer the property in our name. This was accompanied by my mother's death certificate and also the advt. released in local news papers. Also, my younger brother has filed an NO Objection Certificate to transfer the ownership of the flat in my sole name.which was also notarized  Following are my queries:

a. Will the transfer of share certificate enable me to sell the flat in future as the agreement still stands in my mother's name (agreement between my mother and the builder)?

b. Would I be further able to sign up lease agreements in case I would like to let out this property?

c. Is the transfer of share certificate the sole indicator of transfer of ownership?

d. In case if i want to mortgage the property in future, will the bank consider this ownership if the agreement still reflecting my mother's name?

e. What procedure am i to complete if the agreement is to be ratified to reflect my name.

Kindly advice and guide.

Regards

Satish



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     24 July 2014

 Mere transfer of shares on your name will not automatically make you the owner of the property. Your brother has to relinquish his rights in the property by executing a registered release deed on your favor and then you have to transfer the name in the revenue and other records, have a proper mutation on your name then only you will have a perfect title to the property entitling you to transact with the property in any manner you desire to.


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