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James (others)     12 November 2014

Transfer of flat in cooperative society in mumbai

My mother and father jointly hold a flat in a cooperative society in Mumbai. My mother's name is shown as the first holder and my father's name is shown as the second holder on the share certificate and purchase agreement.

My mother passed away a few months back. Could you please advice me the process of transferring the flat title and share certificate to my fathers name?



Learning

 15 Replies

V M DAHAKE (PROPRIETOR)     12 November 2014

Dear Sir,

 On your mother's death, her share will be transferred in the name of her nominee by the society. Nominee would hold it in trust for other heirs ( As per will or otherwise). Flat can not be transferred in the name of your father, just because he is joint owner, unless it is willed to him by your mother.

James (others)     13 November 2014

There is no nominee appointed by my mother. There was no will by my mother.  Doesn't the flat pass on to the next surviving joint holder? My mother and father held the flat jointly. Please let me know

V M DAHAKE (PROPRIETOR)     14 November 2014

Originally posted by : James

There is no nominee appointed by my mother. There was no will by my mother.  Doesn't the flat pass on to the next surviving joint holder? My mother and father held the flat jointly. Please let me know

Mother has died intestate and her share / all properties will go to her heirs as per the inheritance law. In the meantime you may intimate the society about your mother's demise and get it noted in the society records.

Prem Dhawan (service)     15 November 2014

It seems that the queriest (and/or his/her family) wants to transfer the flat to the surviving father.

This is understandable and probably common in many families to transfer the property in the name of a surviving member.

What will be the procedure in this case?

Probably all heirs have to sign?

James (others)     17 November 2014

Seeking advice from the learned forum as to the correct approach:

My mother and father jointly hold a flat in a cooperative society in Mumbai. My mother's name is shown as the first holder and my father's name is shown as the second holder on the share certificate and purchase agreement.

My mother passed away a few months back. Could you please advice me the process of transferring the flat title and share certificate to my fathers name?

V M DAHAKE (PROPRIETOR)     17 November 2014

Dear Mr. James,

1)  Simple route could be, all the surviving heirs give their NOC, duly notarized to society for transfer of flat in your father's name. Your father would also be required to furnish the indemnity to the society, which if convinced / satisfied,  would note your father's name on share certificate and records. Please talk to society and try to work out the arrangement.

2) If all the heirs do not agree, only route is to approach court to decide heirs and succession.

James (others)     19 November 2014

Thank you for your valued advice. My father purchased the flat with his own money. Does he still have to get the consent of the surviving heirs of my mother (I.e all their children's consent).? What is the purpose of having joint ownership if the surviving owner does not automatically become the owner when the other joint owner dies? I'm confused could you please elaborate. Thank you in advance.

James (others)     21 November 2014

Seeking valued opinions from this forum

James (others)     21 November 2014

Seeking valued opinions from this forum

James (others)     21 November 2014

Seeking valued opinions from this forum

James (others)     22 November 2014

I really would appreciate some valued advice. Thank you

pathlegalnet (lawyer)     22 November 2014

Dear Sir,

I got this kind of legal advice from the professional property lawyers through online,

Get  online free legal advice @ pathlegal.in website

V M DAHAKE (PROPRIETOR)     22 November 2014

Dear James,

Situation is already made clear to you.

As far as academic discussion is concerned, when flat is owned jointly, there would be general presumption of it being owned 50% by each. One of the owners, particularly after the death of joint owner, can not say he exclusively owns it. In that case he will have to prove his claim in a court of law against all the heirs of the deceased partner. That is how it should be ; else partnership / joint ownership will get diluted. Some one just lending his name is a Benami owner and other repurcusions would follow.

James (others)     24 November 2014

Thank you expert V.M. Dahake for your valued advice.

Who all would be the legal heirs of my mother?

My father and all us siblings would be legal heirs. We are Christians, so which sucession law would apply to us. Please let me know who all would be the legal heirs of my mother. Would the spouses of my siblings also be considered as legal heirs?

Thank you.


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