• Transfer of name for flat

Respected Sir,
My father died on 9th October, 2017 and in the share certificate there is equal share given. I want to write a application letter to the society secretary to transfer the flat on my mothers name who is the nominee of the flat. And after her death it should come to me directly. For that What is the procedure?
Please give me the format of letter so that i can type correct words. 

Regards,
Sujata
Asked 8 years ago in Property Law
Religion: Hindu

11 answers received in 1 day.

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11 Answers

1) on father demise society would transfer father share in flat to nominee

2) you must be having duplicate copy of nomination form submitted to the society by your father

3) your mother send a letter to society to transfer flat in her name on husband demise intestate

4) enclose copy of death certificate of her husband and nomination form

5) society would transfer flat in name on nominee on furnishing indemnity bond

6) the endorsement of your mother name would be done on back of the share certificate after approval by the managing committee

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

mother should make application to society at the earliest

mention her husband died without will . to kindly transfer flat in her name as per nomination form submitted by him

enclose NOC of the son for transfer of flat in mother name

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

1) your NOC would be required to transfer flat in name of mother

2)if there is nomination form society would not insist on probate of will

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

1) if society has nomination form submitted by father mother can apply to society to transfer flat in her name

2) enclose death certificate / your NOC

3) society would transfer flat in your mother name

4) no transfer charges have to be paid

5) society would transfer flat in your mother name on furnishing indemnity bond

6)mother can file nomination in your name

7) but if flat has reverse mortgage then on mother demise bank would take over the flat unless you are able to repay the bank dues

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

under reverse mortgage scheme spouse can continue to stay in house after husband demise . During his/ her lifetime borrower can repay the loan amount with up to date interest and other charges if any by selling the house property mortgaged with bank or from any other source.

In case of death of borrower(s) the legal heirs will have the first option to settle the loan along with accumulated interest, without sale of property. If the account is not settled within 6 month by the legal heirs property will be sold to recover bank dues any surplus amount if any will be paid to legal heirs / nominee of the borrower.

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

When you make application for transfer of flat in name of nominee original share certificate has to be produced before society

Only then society would consider application for transfer of flat in name of nominee

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

If you would like to transfer the share certificate of this property to your mother's name alone then your mother has to submit an application seeking transfer.

You should give NOC to this.

Your mother can after effecting the transfer shall nominate you as her nominee.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

If there are no other heirs other than you both, then a simple no objection letter from you will be sufficient.

Subsequent to this your mother can make you as her nominee

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

It will not be a problem if your mother is not having a copy of nomination form.

She can apply in a plain paper seeking to transfer the share certificate to her name.

She should enclose death certificate and a NOC from you.

The transfer charges may be enquired with the office of the society.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

There is no problem in repaying the loan by you.

The society will not send NOC to bank.

The share certificate will be with bank along with the title documents

There is no need to submit will if there is a valid nomination.

She can get the share certificate transferred to her name directly.

You may submit NOC, if required.

Your mother can make you as her nominee subsequently by filling up the request form

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

repay the the bank reverse mortgage loan

2) bank must have written to society not to transfer flat without bank NOc

3) kindly check with society whether any such letter has beenr eceived

4) you have to send letter to society that you dont have any objection for transfer of flat in name of your mother

5) society does not prepare NOC

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

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