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Ameet Patel   27 April 2016

Transfer of flat to wife on husband's death

Hi, Our flat is currently in my father's name (as per share certificate). He passed away two months ago and we need to transfer flat to my mother's name who is a nominee by my father. However, the flat was originally purchased by my grandfather who had nominated my father on his death. After grandfather's death, society transferred flat to my father's name after my father provided a notarized NOC from my grandmother along with an indemnity bond. Now society is asking us to provide NOC/release deed from my grandmother, uncles and aunts, myself and my siblings before transferring flat to my mother's name as they say that these people still have rights over the flat as per Hindu Family Act. All my uncles and aunts live abroad and it is not easy for us to obtain these documents. Is the society correct in asking for this even though my mother is a nominee for the flat on my father's death? Also, once flat is transferred in my mother's name as she is a nominee, will there be an issue from a legal perspective if we decide to sell the flat or if the building goes into redevelopment? What is the the correct process to ensure that the flat is transferred to my mother completely as an owner so that only she has rights over it and not any of our extended relatives? My mother will prepare a will to sort out inheritance between myself and my siblings. Additionally, she will be nominating me for this flat once the transfer is done in her name. Thanks in advance.


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