Yes you need a relinquishment deed registered from your brother and sister relinquishing there right in favour of you mere affidavit is not sufficient to transfer property rights
Deletion of name of my late mother from Share Certificate
Myself and my mother are jointly owning a 1BHK flat in a cooperative housing society. In Agreement for Sale executed in the year 2000 my Name is First my mothers name is 2nd . In the Share Certificate Issued by Society my name appears as Member and mothers name appears associate/Joint member . No Nomination was recorded in the Society. My mother expired in the October 2017. All Other heirs my elder brother and elder sister have given an affidavit giving there No Objection for deletion of name of my late mother from share certificate and transferring all rights of ownership in my my name . I have submitted the above affidavit along with Appendix 19 (Under the bye Law 35) Indemnity bond to management of Society requesting them to update the share certificate by deletion of name of my late mother . Kindly advise if I need to comply with any other formality to complete this process
Asked 7 years ago in Property Law
Religion: Hindu
10 Answers
Other legal heirs have to execute relinquishment deed or gift deed in your favour
2) it should be duly stamped and registered
3) merely giving NOC in form of affidavit would not make you absolute owner of flat
4) in alternative apply for letters of administration from high court
5) other legal heirs and execute consent affidavit for issue of LA in your favour
Hello,
You can declare the same in your local newspaper but it is not mandatory though.
However you have done all that is necessary .
Regards
The formalities what you have complied with shall be sufficient in respect of transfer of your mother's share in the society to your name.
However for transferring her share in the property by a registered deed, the other legal heirs i.e., your siblings have to execute a registered release deed relinquishing their rights in the property in your favor.
They may have to be present physically before the concerned registrar's office to execute the said registered relinquishment deed.
After this formality is completed, you will become an absolute owner of the property and accordingly you can even mutate the revenue records to your name, which will enable you to transfer the property tax, water tax and electricity consumption meter and other amenities to your name.
Hi
1) You have complied with the rules framed by CHS by submitting No objection Affidavit from your brother and sister and also submitting Appendix 19 and as such complied with the CHS Rules for transfer of share certificate in your name.
2) In order to become the full owner of property under Transfer of Property Act , you should comply with Section 17 of Registration Act, which warrants that any deed of conveyance (relinquishment, gift etc) should be compulsorily registered. So it is mandatory in law that your brother and sister execute a registered relinquishment deed in your favour and thereby all of you are in compliance with law prescribed under Registration act as well.
Hope this information is useful.
1) Mere deletion of name of mother, from Society's membership is possible, via a Application, Death Certificate,indemnity Bond.
2) All legal heirs may submit renunciation certificate in favor of one legal heir with application.
As you have completed the required document reason to transfer the shares certificate of you mother to your name the society will do that and you have to pay the management access providing the details to the municipality so that the property should be transferred in your name only.
after demise of your mother, her 50% share in the flat goes to her legal heirs
her legal heirs would be her husband and children
ideally the legal heirs are required to obtain letters of administration from court by filing a petition
the court appoints an administrator who then transfers the property or share in it to the legal heirs as per law
the transfer happens by execution and registration of transfer deeds
this completes the title of the legal heirs to the property inherited by them
if some of the legal heirs would like to have their shares transferred to a single legal heir, then these legal heirs can join as confirming parties in the transfer deed to be executed between the administrator and the legal heir to whom the property is to be fully transferred
this will give complete legal title to that legal heir
though the society will mutate your name in share certificate on basis of affidavits from your siblings, you may find problems in future when you want to sell this flat
if a buyer is financed by a bank for paying the sale price then the bank will obviously need letter of administration and registered title deed in your name wherein the 50% share of your mother is transferred to you
without such a transfer deed, the bank will not sanction loan in favour of your buyer
so please keep this in mind
Dear Sir,
Normally those formalities are sufficient unless Society demands any other formality. Please produce death certificate of your mother along with heir certificate to convince the Society people.
This is my response to you:
1. An affidavit does not suffice and it does not transfer title. As of now your siblings continue to have a right on the flat;
2. Your brother and sister need to execute and register a release deed in favour of you at the office of the sub-registrar;
3. Then you may also need to obtain letters of administration from high court;
4. Consult a local lawyer, verify your documents and take steps.
