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Dhiraj Solanki   30 October 2023

Transferring of flat ownership before and after death

The owner of the Flat is single, unmarried and have no family. He has 2 sisters and one brother and all of them are not in good terms with the owner of the Flat. The owner of the Flat wants to give 50% ownership of his Flat to his nephew and the remaining 50% will be retained by the Flat owner.

The owner of the Flat also wants to ensure that after his death the remaining 50% of the Flat ownership automatically gets transferred to his nephew without any hassle of any lengthy paper-work and without any need for the nephew to obtain probate, succession certificate or release deed from other legal heirs.

Because there is no good relationship and family disputes, even though if the Will is strongly made in favour of the nephew it is most likely  to be challenged by other legal heirs, after the death of the Flat owner the nephew cannot afford to waste time, money in obtaining testamentary documents, undergo lengthy and expensive court proceedings, litigation, trials and disputes to Will etc.

Both the nephew and the Flat owner are aware of this situation and wants to ensure that the remaining 50% Flat ownership goes smoothly to the nephew without any legal challenges or hurdles and without any need of getting testamentary document after the death of Flat owner to transfer remaining 50% ownership to the Nephew.

Can someone please advise what legal documents must be prepared by the Flat owner to:

  1. First transfer 50% flat ownership to his Nephew so that the nephew becomes the joint owner of the Flat with atleast 50% ownership. AND
  2. Secondly any document to be prepared, process/procedure to be followed so that the balance 50% Flat ownership automatically passes to his nephew and bypassing the requirement of getting testamentary documents and without any objection being raised by the Society to transfer balance 50% to the joint owner- nephew.



 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     30 October 2023

The owner can execute a Gift deed to his nephew reserving life interest till his life and his nephew can enjoy the property as he likes.

T. Kalaiselvan, Advocate (Advocate)     30 October 2023

1.  The flat owner can transfer 50% of his property in favor of his nephew as desired, by executing a registered gift settlement deed in his favor.  This will ensure that the nephew becomes a joint owner along with the flat owner with equal rights/share in the flat.

2. Next the flat owner can execute a conditional settlement deed in favor of his nephew by transferring his 50% share in the property in his nephew's favor by a condition that the flat owner shall have life interest over his share in the property till his lifetime.

The above process would make transfer of property an easy sailing 

Dhiraj Solanki   31 October 2023

Thank you, what is the procedure to prepare conditional settlement deed and its costs, do we need to register "conditional settlement deed". Can we get a sample format of this conditional settlement deed.

P. Venu (Advocate)     01 November 2023

Is this the same flat of which the querist is in possession as the nominee of the deceased unmarried borther as discussed in your earlier threads?

https://www.lawyersclubindia.com/forum/transmission-of-flat-by-giving-public-notice-and-missing-legal-heirs-231561.asp    AND

https://www.lawyersclubindia.com/forum/rights-of-provisional-member-admitted-u-s-154-b-1-18-clause-c-of-msc-act-redevelopment-society-231517.asp etc etc.

Dhiraj Solanki   01 November 2023

No, this is a fresh matter subject and not connected with any previous threads

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