1. My father who is 86 years old owns a self acquired property in a Cooperative Housing Society in Lucknow. 2. In 2007 my father wrote to the Cooperative Housing Society to transfer the said property to my brother. Accordingly the Society issued a transfer letter and transferred the property including the shares to my brother. The transfer was recorded in the Society's register. The said property, however continued to remain in my fathers name as there was no gift deed done. My father continued paying Society charges / dues from his personal pension account. 3. My brother who was suffering from Cancer passed away in the month of July 2020. My brother was married. However his wife was not staying with him and had left him of her own accord in December 2012. After the demise of my brother she has sent an affidavit to the Society stating that my father's self acquired property be transferred on her name as after my brother's death there are no legal heirs apart from herself also claiming that she was residing on the said property (the affidavit does not mention that she had left in Dec 2012). 4. After the demise of my brother, my father is seeking to get the property transferred back in his name. 5. The following clarification is sought please :- (a) What is the legality of the Transfer of Property Certificate issued by the Society to my brother when the property continues to be registered in my father's name as also in the absence of a gift deed or any legal documentation? (b) How can my father get the property back in his name? (c) What claim, if any, does my sister-in-law have on my father's self acquired property? (d) How can my father, who is 86, avoid stressful and long winded legal hassles while transferring his property by gift deed to his two daughters?
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1) there is no gift deed executed by father
2) transfer of share certificate in your brother name is illegal
3) ask society to cancel transfer of property in brother name as no gift deed was executed
4) sister in law has no share in the property
5) father can execute will bequeathing property to daughters
Your father shall be the title holder since he has not executed the transfer by a registered deed in favor of your brother.
The society's transfer of share certificate to your brother's name is not a title document in favor of your brother. It is just a transfer made on request, however since there is no transfer made by a registered document, your father remains the absolute owner with clear and marketable title, he can apply for cancellation of the transfer on the basis that the transfer was not effected by a registered deed till this date.
The property still lies on your father's name only hence he may have to get the transfer certificate now lying on your deceased brother's name cancelled.
Your sister in law or even you do not have any rights over your father's property, at least not during his lifetime.
Your father may be 86 years old, but when there is a litigation, the age does not matters, the law is common for all.
Hence he may better enter into a compromise if at all he wants to avoid unnecessary legal hassles or litigation problems.
1. Society transfer is not a proof for ownership. It's just a trustee to property.
2. He can get it by transferring his name in society share certificate
3. He can execute gift deed
share certificate is a legal proof that your brother is rightful owner of the co-operative housing society's shares but without executing gift deed said share certificate is not valid.
during your father lifetime he can execute gift deed in favour of any heirs.
sister in law has no share.
