Onkar Honmukhe 11 July 2020

transfer flat to my mother's name

Hi

my mother and father are separated but they are not divorced.
the flat is in name of my father and we don't know where he is .Some tell he live in his village and he is married but he has not divorced my mother.
I live with my mother and sister in that flat from last 20 years and we are paying the light bill, maintenance and every thing.
we need to transfer the flat in my mother's name . How can we do that.
my father is still alive.

Reply Follow

Quick Summary

This discussion addresses the complex situation of transferring a flat to a mother's name when the father, whose name is on the title, is missing and his whereabouts are unknown. The advice suggests registering a missing person report and, after seven years, obtaining a presumed death certificate to initiate the transfer to legal heirs. Alternatively, if contact can be made, a gift deed is recommended.

3 Replies

Dr J C Vashista (Advocate) 12 July 2020

Have you lodged "missing person" FIR ? If not get it registered. After 7 years of missing he (your father) is presumed to be dead.

After obtaining "civil" death certificate get a "surviivng member" certificate of your father and get it transferred in the name of his LRs.

1 Like

G.L.N. Prasad (Retired employee.) 12 July 2020

Meet your father. get a gift deed in the name of your mother during her lifetime and later to both of you. There is no other way, as the house title is always in his name and you have the authority for residence and as there is no separation legally you can not claim any rights of ownership.

P. Venu (Advocate) 12 July 2020

"Some tell he live in his village and he is married" Who? Has you or your siblings or your mother or close relatives heard anything from or of your father for the pat seven years?

2 Like