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Ketan Jain   02 April 2018

Transfer of flat from grandmother to grandson

Flat owner transfer in Kandivali, Mumbai.
Hindu family.

History:

Seller - PrevOwner
Purchased by - Mrs. XYZ
Date of Agreement - 13th April 1985

Share Certificate no. 9, Member Register no. 9, five shares of Rs. 50/- each , total of Rs. 250/-, was transferred in the name of Mrs. XYZ from Previous owner on 23rd April 1985.

On 1st March 1998, name of Mr. SBJ, Son of Mrs. XYZ, was requested to be added as Joint Owner.

Mr. SBJ (Son) expired on 20th August 2011

Mrs. XYZ (Mother) expired on 17th September 2015

Mr. ABC, husband of Mrs. XYZ, is alive.

Now, Mr. ABC wish to transfer the flat to Mr. KSJ (son of Mrs. SBJ), grandson of Mrs. XYZ & Mr. ABC.

Mr. ABC have 2 sons and 2 daughter (all above 18 and excluding late Mrs. SBJ). All are ready to sign NOC and transfer the flat to Mr. KSJ

Currently, flat and share certificate are in the name of late Mrs. XYZ!!

Also, there is no nomination done for the flat.

Could you tell what should be the action plan and documents required to transfer the flat?


Learning

 9 Replies

R.Ramachandran (Advocate)     02 April 2018

All the legal heirs of XYZ (i.e. ABC, sons and daughters of XYZ) have to give a Registered Relinquishment Deed relinquishing their right, title and interest in the property in favour of KSJ.

Apart from that, please ascertain the procedure from the Society, as to what are the formalities to be fulfilled to get the entire share certificate transferred in favour of KSJ.

1 Like

Ketan Jain   02 April 2018

thank you R.Ramachandran :)

below are the queries:
1. can the name directly transferred from grandmother to grandson OR first, it needs to be transferred to grandfather by transmission request and after that in the name of grandson?

R.Ramachandran (Advocate)     02 April 2018

You said that grandmother XYZ has expired.

If so, then where is the question of transferring the property from Grandmother to your grandfather?  A dead person cannot transfer any property.

Now after expiry of your grand mother, it is an intestate property (i.e. without any WILL or GIFT or Sale Deed executed by her during her life time in favour of anybody.)

The property will go only to the legal heirs of XYZ.  One of the legal heirs of XYZ is the son of the predeceased son i.e. KSJ of SBJ.

Ideally, one should obtain a legal heir certificate by making an application to the Tehasildar of your area concerned.  After making enquiries, he will grant you the legal heir certificate mentioning therein all the names of the legal heirs, their gender, age, relationship with the deceased XYZ etc.

Once that is in place, then the other legal heirs (except KSJ) can give a Registered Relinquishment Deed in favour of KSJ.

1 Like

Ketan Jain   02 April 2018

thank you so much sir..

Yusuf Rampurawala   03 April 2018

Hi. Your society may ask you to obtain a Letters of Administration (LA) from the High Court. Any legal heir of the deceased owner can make such application and get the LA. Under the LA, the Court will appoint an administrator (who can either be the applicant of the LA petition itself or any other legal heir of the deceased). The society can then deal with this administrator since the owner is no more. The administrator can then apply to the Court seeking its permission to transfer the flat to KSJ. Once permission is granted, the society can transfer the flat to his name. Be informed that obtaining a LA will entail you a cost of Rs. 75k towards court fees plus lawyer fees. 

Alternatively the society can dispense with the requirement of obtaining a LA and instead accept the NOC consent affidavits from the legal heirs of XYZ therein giving their respective consents to transfer the flat to KSJ. The society may also issue a public notice to invite objections from public before transferring the flat. This procedure will be cheaper than the first one. So it all depends on your society and the legal advice it receives from its lawyer. 

1 Like

Ketan Jain   03 April 2018

thank you Yusuf.. that helped..

I have 2 more query:
1. for affidavit cum NOC, on which stamp paper should I issue it? 100 or 200?
2. also, for indemnity bond which needs to be given to society, which stamp Paper should be used? 200 or 500?

Yusuf Rampurawala   04 April 2018

Xyz was original owner of flat. Her son Sbj was added as an associate member. Both have died intestate I.e. Without making any Will. The legal heirs of xyz would now be entitled to the flat. The present legal heirs of xyz are her widow abc and 1son, 2 daughters and 1 grandson Sbj. So to transfer the flat to Sbj I advised two options depending on the requirement of society. The society may insist for obtaining Letters of Administration for appointing an administrator who would then apply to the court seeking it's permission to transfer flat to Sbj after obtaining consent of all legal heirs. Society may choose to dispense with this requirement and instead demand release deeds from the legal heirs to relinquish their respective rights in the flat in favour of Sbj. The release deed will have to be stamped and registered. The society may also simply accept noc consent affidavits from the legal heirs for transferring the flat to the name of Sbj. So it totally depends on society. Mr Ramesh Singh request you to behave professionally on this platform. I have given the reply with options to the querist which he has to confirm with the society as to what is acceptable to society. When the original owner dies, the society needs someone who is recognised by the court of law to deal with that person in day to day affairs of the flat of the deceased and to obtain a valid discharge for every act pertaining to the flat which is transacted with that person I e the administrator. Hence the need of an administrator through a LA petition. I am seeing that you are giving unwanted replies and stalking me at various threads. So just refrain. Everything does not boil down to fees. Are you a lawyer? Do you know the struggles faced by a lawyer? Who gives you the right to weigh every lawyer on the same scale? So stop this non sense. Ketan: for affidavit noc, use 200stamp paper and for indemnity use 500 stamp.

Yusuf Rampurawala   04 April 2018

What's my mistake if I reply fast? And what you mean by 'without application of judicial mind's? Have you lost it? I have given proper reasons in all my answers. Not making vague statements like you. This platform needs an admin to debar trollers!

Ketan Jain   05 April 2018

thank you everyone for all your valuable inputs and taking out time and replying..

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