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Ranjit Kumar (edp manager)     06 September 2011

Transfer issue

hi my father in law has a flat at thane he  had expired on 9 Aug 20011 as per nomination in society record my mother in law is nominee now we want to transfer the flat  on my  mother in law  but when we had approach to society member they say it will take 4 month  as per law  how  many days it  take to transfer on her name and what is the procedure to do and what document are required for that please help me it urgent .



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 6 Replies

jayant (legal)     06 September 2011

very Simple. Take sucession certificate from the Court and give it to Society, it iwll work fast.

gopinathan nair (General Manager)     06 September 2011

Recently I hav e got my flat transferred from my deceased son-in-low to my daughter without any succession certificate. I have produced Death Certificate and Affidavit duly stamped and signed by Notary.  So it id my knowledge that the Co-operative Society (Association of Society) President/Secretary or authorized signatory can issue immediately transfer certificate on receipt of your applicattion with affidavit and death certificate duly signed by Notary.

gopinathan

Ranjit Kumar (edp manager)     07 September 2011

hi

thanx for the detail can i get the matter of affidavit so that i can do the same  if possible can u mail me ranjitkc@rediffmail.com

Ranjit Kumar (edp manager)     07 September 2011

thanx for the reply

Mihir..... (Wealth Manager)     14 September 2011

Ranjit, who all are the legal heirs of your father in law? Your mother in law is only the nominee/trustee of the said flat and not the owner. Succession certificate is obtained only when there is a dispute over the sharing of the property. Only in some cases, the society will be able to transfer the ownership to your motther-in-law's name by submitting a properly worded affidavit along with the dealth certificate duly notarized,  in acccordance with the consent of all the legal heirs.

AAK (Advocate)     15 September 2011

Nominee cannot be said as Legal owner of the property. Nominee will b acting as trustee to the property. Ultimate owners of the property are the all Legal heirs of the deceased. So it is better to obtain Succession certificate (which depict the legal heirs of deceased) and get enter your name of all legal heirs in the property.


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