LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sachin Shetty (Finance)     17 April 2015

Transfer of property on demise of owner

My father-in-law expired recently. He is survived by his wife and two married daughters.  

He was the owner of a residential flat in Mumbai wherein he had nominated his wife (50%) and two married daughters (25% each). The building in which the residential flat is located has gone under re-development and prior to his death, an agreement to that effect was entered between my father in law and re-developer . A new flat with the new flat number has been allotted which was also mentioned in the agreement with the re-developer and the requisite stamp duty and registration fees have also been paid.

Other than the residential flat, he is also entitled to an ancestral property in Pune which is jointly owned along with his brothers.

We want to ensure that the share and interest of the deceased in the above mentioned properties are transferred in the name of his wife with nominations in favor of his married daughters.

Please advise,

1.       What application needs to be made as well as the document that needs to be filed with the society to complete the transfer of interest only in the name of wife with nominations in favor of his married daughters? Is an affidavit also required in this case?

2.       If the new society of the re-developed building has not been formed, whether the application in point 1 above needs to be made for the previous flat number instead of the new flat number?

3.       Whether an affidavit to the re-developer informing him about the demise to ensure that the cheques towards rent receivable are received in the name of the deceased’s wife?

 

4.       What application needs to be made as well as the document that needs to be filed with the relevant authorities at Pune to complete the transfer of his share of interest in the name of wife with nominations in favor of his married daughters? Is an affidavit also required in this case?

TThanks and Regards



 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 April 2015

Sir,, First and foremost is take the legal heir certificate..... Then you can move applications and get the property registered in respective shares accordingly... Warm Regards Kapil Chandna Adv 9899011450

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register