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monibernfern (service)     03 October 2011

Transfer of flat

My brother is the owner of a flat in a CHS, which was purchased by my father in 1959. In 1979 after the death of my father the flat was tranferred to my brother who was the then nomineein the society register. We have three sisters who are also have a share in the said flat. Recently my brother who is now unwell has gifted his share in the flat to me.  I am currently the nominee in the register of members of the society. I wish to know is it possible for me to transfer the said flat to my name as I am the current nominee on the society's register since my brother is no longer having any share in the said flat. Do I need to take any action in this regard and if I do not take any action what will be the consequence.



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 3 Replies

SAA_Bombay (Pro)     03 October 2011

Gifting the share means it is transfered to your name? if yes, you have to even make changes documentise. 

Premal Betai (Self Employed)     05 October 2011

Brief

A flat was baught in Mumbai from sale/purchase of Mumbai houses that was initially received from Grandfather.

FATHER HAS 3 CHILDREN, a, b & c.

Said flat in Mumbai is owned by Father and Son b

Father wants to transfer all titles/ownership to son b. 

Can you please explain:-

1) how does the father gift the shares of a flat from to one son (who is also the nominee in the said share certificate), so that no claim can be made by son a, c or any of their legal heirs.

Thank You.

Ankur Sharma (Engineer)     06 October 2011

 

   My father is asking me to take a home loan and pay the full emi of the loan. He will buy a newly constructed/under construction flat for me. My father has agreed to put 30-50% of total cost of the flat from his funds. My mother, who is unemployed, is insisting to register the property jointly in our name (me and my mother). My father is not clearly telling me if this property is for investment purpose or for residential purpose.
I am going to be married to a girl very soon, however my father insists that the purchase of the flat be finalized before the marriage. 
In this context, I have a few questions to ask:
 
1. Whether by law, my father will become holder of the title in partnership with me just because he is paying 30-50% of the amount.
2. If I agree to register jointly with my mother now, will consent of my father/mother be required if I wish to transfer the registration from my mother to my wife?
3. In case my wife separates/divorces me at some later stage, will she have any right to claim this property or any proceeds from it?
4. In case my parents transfer their part of title to some one else with/without my consent, will my future wife loose the right to acquire this property ever?
5. In the event of sudden/untimely death of my parents before any voluntary transfer of property of the same to me or anyone else, will the property be transferred by law to me or my wife?
6. Whether decision of sale of such property registered  jointly will be affected by the consent or otherwise of  anyone of the title holder?

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