Death Of The Member Without A Will - Request To Transfer The Flat

CHS, property-related issues CHS, property-related issues Regulators RBI, SEBI etc Consumer complaints RTI Wills & nominations Sexual harassment case Filing PILs Whistleblowers Basic legal research Recommended Most Popular

We have been requested by a member (Roman Catholic/Indian Christian) to transfer the flat in our Society to his name. Background: the original agreement is in the name of his father, mother & himself. Share Certificate - in the name of his mother & himself. BMC record - in the name of his mother. Nomination - in his wife's name. His mother passed away in October 2024 without a Will (intestate). We have received a request letter and death certificate on WhatsApp (no hardcopy) to transfer and complete all the formalities within 4 days based on this, as he will be going out of station. 1. Flat in his name 2. Change Maintenance bills in his name 3. Change Share Certificate 4. Fresh forms for Nomination As per our information, he has few siblings. Query: What are the documents required and fees to be charged to complete the formalities.

Dear Mr Ashley,

We have to see the Sub-Registrar of Assurances registered Agreement, on which Stamp Duty as applicable is paid, and also its registration fees of the flat are duly paid, for above flat jointly owned by father, mother and son.

Share certificate of the flat, and flat's Municipal Tax receipt, are not to be considered to transfer the flat.

As Agreement of the flat is jointly registered in the name of father, mother and son, father and son are alive, mother expired, then there are two documents has to be made here, to transfer the flat in sole name of son.

As flat is in the name of father, mother and son, each one has 1/3rd market value of undivided market value of the flat.

To transfer father's part in the name of son, for his 1/3rd part, father will make a Gift Deed, on which 1% market value of 1/3rd part of flat he will pay Stamp Duty, and Rs,200/- as registration charges, and register his Gift Deed at Sub-Registrar of Assurances Office.

To transfer late mother's 1/3rd part of the flat, father and son, together will make a Release Deed, on Rs.500/- Non-Judicial Stamp Paper bought in the name of the father, and register that Release Deed at Sub-Registrar of Assurances Office. Registration fees of this Release Deed is Rs.1,000/-.

Then with a Sub-Registrar Certified copy of Gift Deed and a Copy of Release Deed, with copy of their Index-2, society will transfer 1/3rd share, each of father and mother to the son, thereby son becoming 100% owner of the flat.

Please note that only above two documents registered with above procedure can make son 100% owner of his jointly owned flat with his parents.

View Our Experts

Our Experts

Shirish Shanbhag Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee

Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

Abhay Datar Abhay Datar is a consumer activist. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of Mumbai Grahak Panchayat (MGP) in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related with mobile banking frauds and mediclaim. He was a Member of the Managing Committee of MGP till March 2021.

AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

Dr Rajendra Ganatra Dr Rajendra M Ganatra, was a banker for two decades and is now a registered Insolvency Resolution Professional, restructuring consultant and visiting faculty for MBA. He has more three decades of experience in project finance, asset reconstruction and financial restructuring. He is a Registered Insolvency Professional and has been the former MD & CEO of India SME Asset Reconstruction Co. Limited

Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Mohammed Afzal Mohammed Afzal is a civic and consumer rights activist with over 44 years of experience in the social sector. He has worked extensively on civic, traffic, consumer and housing society-related issues and has guided citizens on grievance redressal, society governance and dispute resolution. Known for his practical and citizen-centric approach, he has been actively involved in public awareness initiatives and various consumer and civic forums in Mumbai.

Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

Sucheta Dalal Trustee - Moneylife Foundation

Moneylife Foundation

To ask a question