My Father has nominated me and my mother in the said flat. I have two brothers who are also legal heir . I have made form of application for membership by the nominee ...under the new bye law no.34, indemnity bond has been made ,,,affidavit by mother to make me as a member of the society...Declaration by me of legal heirs,,,as per new model 2014 amendment to rule 34. all this original documents duly registered notary has been submitted to society & society has transferred the share certificate in my name by nominee... Now I have to transfer the above flat in my name and my mothers name & become the owners of the flat .. .what is the procedure for the same. ..the two brother will leave the share as gift given to us.
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By just becoming the nominee of the flat you cannot become the owners of the flat.
The property belonged to your deceased father.
Upon his intestate death, the property devolves equally on all his legal heirs.
Hence to become an absolute owner of the entire property all the other legal heirs have to execute a registered release deed in your favor relinqishing their rights in the property.
Your siblings can execute registered gift deed in your and mother favour for their share in property
A registered gift deed must be executed by the 2 brothers who wish to gift you the property. On the basis of the gift deed you may change the name of the ownership by giving an application to the society.
1. A nominee does not succeed to the exclusion of legal heirs. Nominee is just a trustee of legal heirs who has to divide the property according to the lawful share of heirs.
2. If your father passed away intestate then on his demise his flat devolved through intestate succession on all his Class 1 heirs (widow and children) equally.
3. For you and your mother to become the owners of flat to the exclusion of other heirs the other heirs will have to execute a relinquishment deed in your favour.
- You are right, just by being nominee, you cannot become the owners of the flat.
- The property have to be shared equally on all legal heirs.
- Hence your brothers can execute Gift Deed or Release deed (prefer in which they relinquishing their rights) for their share to you and/or mother.
There will be very less fees for this.
First you have registered all legal heirs name on property. And letter on you can make relinquish deed with your brothers.
firstly the 2 brothers will have to release their right and share in the flat to you and your mother under a registered release deed which will be without any consideration [i assume your brothers are not claiming any monetary consideration for releasing their share in the flat in favour of you and your mom]
the stamp duty on the release deed will be Rs. 200 and it will have to be registered
thereafter you and your mom can apply for an heirship certificate by filing a petition in the Bombay High Court
your 2 brothers will have to give their consent affidavit for grant of such heirship certificate
you can then submit the registered release deed and heirship certificate to the society which will then mutate the share certificate in the joint names of yourself and your mother as co-owners of the flat [and not as nominees]
you will then be able to sell the flat as your title to the flat will be clear and marketable
After making relinquishment deed by my brothers , how i can transfer my flat in my name & mothers jointly , what documents i have to submit in the society.
After your brother executes € release deed you and your mother an apply for mutation of revenue records with the revenue department, get the property mutated on your joint names, along with copy of the mutation records, release deed and the death certificate of your deceased father you can apply to the society to include you both as the members of the society with equal shares to both of you.
Answered already
Not interested in your ratings !!
After the release deed is registered, the usual share transfer forms are to be submitted to the society
But without an heirship certificate or letter of administration, the title will be defective
At the time of selling the flat in future, there will be problems especially if the buyer has taken a bank loan
Banks will not sanction the buyer's loan and will ask for an heirship certificate
Again not here for any stupid ratings!
- As per law, as your father died without leaving any WILL, hence the property left by him would be devolved upon your mother, and other member of family i.e. legal heirs of your father
- Further, As per Co-operative Societies Act, A member can nominate a person or persons to whom his share and interest in the co-operative society will be transferred by the society in the event of his death.
- Further, A member would cease to be a member of a society on death. However, his holding and other interests do not lapse, but they pass on to his heirs or legal representatives.
- Further, the society is bound to transfer the share or interest of the deceased member to a person/s nominated, and if no such person is nominated then the committee of the society shall transfer it to such person as may appear to the committee to be the heir or legal representative of the deceased member.
- And further, the purpose of nomination is to make clear the person with whom the society has to deal upon the death of a member, and It does not create any interest in favour of the nominee, to the exclusion of those who are in law entitled to the estate of a deceased member.
- Further, the said nominee does not become the absolute owner of the property, and he is only empowered to hold the property in trust for the real owners for the purpose of dealings with the society, and further he has no power, authority or title to alienate the property to the exclusion of the other legal heirs of the deceased member.
- Hence, other legal heirs should execute a release or gift deed in your and mothers favour.
- Further, after submitting the same the society is bound to transfer the ownership /share certificate , and you both will have full right to sell the same as well.
Submit relinquishment deed
application for transfer of flat in your name
indemnity bond if demanded by society
On the execution of relinquishment deed you are required to apply for mutation. This will complete the process.
- Get release deed
- Get mutation of revenue records with the revenue department.
- Death certificate
Submit these.Dear Sir,
1) You will have to apply for mutation of property at the office of local registrar based on the relinquishment deed/ share certificate/legal heir certificate etc.
2) The documentation procedure and the fee that has to be paid to the revenue office for mutation of property varies from one state to another.
3) A proclamation is issued inviting objections to the proposed mutation while specifying the last date for receipt of objections, which is generally upto 15 days from the date of proclamation.
4) If no objection is received, property would be mutated in your name and mother name .
Thank you
Dear Sir
On the basis of a relinquish deed by your brothers property will be in the joint names of your self and your mother provided you satisfy other formalities prescribed by the society.
