Mother can execute gift deed to transfer 50 per cent share in flat in your name
2) gift deed should be duly stamped and registered
3) your name would be then added in share certificate issued by society as joint owner of the flat
My mother is the owner of a flat in a co-operative society in Kolkata, West Bengal. She wants to add me as the 2nd owner. Society is saying cannot add 2nd owner now. Only during a sale or gift, joint owners can be added. If my mother makes a gift deed to give me 50% will that be illegal ? How to get around this problem ? Please advise.
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Mother can execute gift deed to transfer 50 per cent share in flat in your name
2) gift deed should be duly stamped and registered
3) your name would be then added in share certificate issued by society as joint owner of the flat
1. Society can add you as an associate member
2. But that wont confer ownership rights on you
3. For you to become a co-owner, your mom can gift her 50% share in the flat to you via a gift deed
4. That is no way illegal
5. Gift deed has to be duly stamped and registered
6. If you are not able to travel to India to complete registration formalities for gift deed, then you can make a special power of attorney in favour of your mom to comply with registration formalities
7. Deed can be signed by you in the US itself before Indian Consulate and same can be couriered to India to your mom who can then have it stamped and register it using your PoA
8. Another option is a Will. But a Will has to be proved and may be amenable to challenge thus creating complications
9. Gift is best option
1. Yes, the society is very much correct
2. If a peron is the sole owner of a proeprty like your mother at present then to make another person like you to be its co owner she needs to transfer her share in the proeprty in your name which can be done by a deed of gift.
3. So your mother now can make a regstered deed of gift transferring her half share in yor name after which you can become the joint owner of this flat.
No your mother can freely gift you 50 percent of unundivided share in flat through registered gift deed and on same stamp duty can be paid.
There shall be no problem mother will make gift deed based on that you will become co-owner in flat
Yes. Your mother can give you a gift deed unconditionally or conditionally and can make you a co owner of the property with whatever percentage she may give.
You can also check in the society's by-laws that whether any such restriction exist or not.
Yes, you can make Gift deed and registered with registrar of your property local area.
Your mother can make 50% share of flatbon your name.
Very simple just go through gift deed. gift 50% percent of the property by registering a Gift Deed in favor. Stamp duty for gift deed would have to be paid
1. The property registered with a Co-Operative Society in Kolkata stands in the name of your mother as per the title deed.
2. Without being a co-title holder of the said flat, you can not be recorded as a co-certificate holder or joint owner of the said flat by the concerned society.
3. Your mother can register a gift deed in your favour conveying titloe of 50% sharev of her said flat and based on the said gift deed, you can apply to the society to record your name as the co-title holder of the said flat.
4. Since thye gift deed to be registered is in favour of a blood related person (i.e. son), the stamp duty to be paid herein while registering the said gift deed will be nominal.
Dear Client,
GIft deed will make you absolute owner and transfer of half property, than on the basis of it, you will be added as joint owner in sahre certificate.
But society secretary has informed me that new share holder cannot be added to the current share which is in my mother's name solely as per west bengal co-operative societies act. Only time joint ownership is possible is when a fresh transfer is done. Also any gift deed without their permission is not valid according to Section 138(1) of WB co-operative societies rules 2011. So please suggest remedy.Thank you
1. The Society can not unreasonably refuse to give such wirtten consent and even if it does so then u/s 138(vii) of the same Rules prefer an appeal beofre the registrar within 30 days from the date f such communication.
2. So the consent of the society or none of it is not the end of the road.
3. I am not sure under which provisison of law the soicety prohibits making gift of the flat as under Rules 138(1) it is very much permissible if the Society so permits.
section 138 West bengal Cooperative Housing Society rules. 138. Transfer and letting out by members of a housing co-operative society (1) In all cases of transfer and letting out of land, house or apartment written consent of the society shall be required.
Your mother can obtain consent of society for transfer of 50 per cent share of flat in your name by means of gift deed
if society refuses appeal can be can be filed before registrar
The permission from society is formal of they refuseother can appeal to registrar for the permission. And 138 no where prohibits the gift deed it is very much permissible.
I will have to read these specific provisions to advise you accordingly. Let me read these provisions first. It is difficult to arrive at a sensible advise before or without reading them. If it's possible mail me your bye laws of the society.
The law vary State to state so File an under Right to Information Act, 2005. But, as per section 2 (f), stated hereinabove they are indirectly covered through the office of Deputy Registrar of Co-operative Societies. The same can be done by making an RTI application to Deputy Registrar of the ward in the format prescribed under West bengal RTI Rules “Annexure A” with Rs 10/- court fee stamp or Indian Postal Order.
1. This consent is required to ensure that no dues to the society is left pending by the owner of the flat before selling te same to the buyer. If this consent is not availed and the flat is purchased, the the buyer shall have to pay the entire dues left by the seller with penalty, if any.
2. For registering q gift deed or will no consent from the societyb is required.
The rulings by the society is the correct legal procedure to be followed in this regard.
Your name cannot be added just like that at your whims, she may have to transfer a portion of property by executing a registered gift settlement after which you can be added as a co-owner to this property.