• Transfer from nomination and consent terms

Re. Flat to be transferred to my name. Currently in parents name, both expired, no will. Myself (sayB3), and a brother (sayB2), are nominees. Another brother (sayB1) and sister are there. Matter disposed in hc with consent terms agreed upon, between the 3 brothers. Consent terms met. What is the procedure I need to follow to get the flat transferred. Flat is in Mumbai in chs. Sister agreeable to it, but based abroad. What formalities to be done with brothers and sister. Apply to the housing society, registrar, ? Is stamp duty payable? What papers to be submitted, to whom.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

Apply to society for transfer of flat in cooperative society

2) enclose copy of consent terms filed in HC

3) enclose copy of death certificate of parents

4) sister can execute POA in favour of brother

5) POA should be attested before Indian consulate

6) brother can execute relinquishment deed on basis of said POA

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

The flat property in the name of any one of your deceased parents shall devolve equally on all the legal heirs upon intestate death of the property owner.

If you would like to transfer the property to your name, the other legal heirs have to execute a registered release deed relinquishing their rights in the property.

Your sister residing in abroad, i not able to visit India for this purpose, can execute and send a notarised/attested special power of attorney in favor of any person chosen to be her lawful attorney/power agent, who shall execute the registered release deed on her behalf.

Once this process is completed, an application form requesting the name transfer of the flat in the association records may be submitted along with the death certificate and NOC from other legal heirs and a copy of this document in yor favor may be attached to the application form requesting transfer of flat to your name.

In Mumbai there are no stamp duty payable for transfer within blood relations.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1. You should apply to the society for transfer by annexing a certified copy of the consent terms and HC order and also the death certificate of parents.

2. The sisters who are based abroad may execute a GPA in your favour to authorize you to apply for flat transfer. The said GPA has to be attested by the Indian Consulate.

3. There is no stamp duty involved as this is a transfer from one blood relative to another.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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