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Ajai Jain   09 January 2024

Transfer of flat in the name of widow

My brother was owning a flat in his single name in a registered housing society. His marriage is registered with my sister-in-law and has no children. My sister-in-law is the sole nominee in this flat. Recently, my brother passed away intestate. His parents have already passed away long back. We other two brothers have no claim in the flat. 
Can a release deed U/s 154B-13 of MCS Act, from my sister-in-law to herself, be registered with the Sub-registrar and the same would be acceptable to the Society to transfer the flat in her name?



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 2 Replies

SRIPRAKASH BHATTACHARYA (RETIRED)     09 January 2024

As per your statement : 1. The flat in the cooperative housing society was in the name of your brother. 2. Hence as per Cooperative Societies Acts and Rules your brother was the Registered Member of the society and was issued Share Certificate too. 3. Your sister in law was the Nominee. 4. As per Cooperative Societies Acts and Rules the Managing Committee of RWA has to transfer the flat and Share Certificate both in the name of your sister in law. 5. The Managing Committee or the RWA is bound to do it. 

Download the state cooperative housing societies acts and rules which are very crystal clear on such issue.

 

 

T. Kalaiselvan, Advocate (Advocate)     09 January 2024

Your sister in law is the sole legal heir to her deceased husband. Hence automatically she will be entitled to inherit the entire property. 

She can obtain a legal heirship certificate and get the revenue records of the property to her name and then she can apply for transfer of share certificate of the apartment to her name. 


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