• Can transfer cooperative society flat directly to mother on death of the father

Sir,
 Is it possible To transfer the cooperative society flat directly on mothers name without consent of myself and sister and my sister, as mysister is stays abroad .
Kindly reply and do the needful.
Asked 15 days ago in Property Law
Religion: Hindu

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15 Answers

transfer to mother's name from whose name?

presently on whose name the flat stands?

the owner of the flat can deal with it in any manner he deems fit without any reference to his children

his children do not have any right in the flat so long as the owner is alive


care least about your stupid ratings

your question is incomplete

is the owner of the premises no more? due to which the transfer is required to be made in the name of your mother?

Yusuf Rampurawala
Advocate, Mumbai
5707 Answers
35 Consultations

5.0 on 5.0

Your consent and sister consent is necessary to transfer flat in your mother name 

 

2) you and your sister can execute gift deed for your one third share in property ,in mother name 

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

On demise of your father, you, your mother and siblings have equal rights in the property. You all need to sign and register the gift deed in favor of the mother to transfer complete rights of flat in the name of the mother. 

Shubham Jhajharia
Advocate, Ahmedabad
25499 Answers
111 Consultations

5.0 on 5.0

If flat owned by father and he died intestate than flat inherited in mother, you and sister equally. Transfer of flat by cooperative society dose not give ownership.

Cooperative society can transfer the flat in nominee name but ownership will decide by inheritance law i.e. all have 1.3rd share each.
You can object the transfer in mother sole name but should transfer in joint name.

Yogendra Singh Rajawat
Advocate, Jaipur
21355 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

You are suggested that the said transfer is possible on the mother's name by the co-operative society when you submit the death certificate of father. 

Ganesh Singh
Advocate, New Delhi
6450 Answers
13 Consultations

4.5 on 5.0

Who is the owner now? 

Anyway consent is required 

Rahul Jatain
Advocate, Rohtak
5314 Answers
4 Consultations

4.8 on 5.0

Ask your mother to take relinquish deed from other legal heirs.

Ganesh Kadam
Advocate, Pune
11579 Answers
109 Consultations

4.9 on 5.0

Yes they can transfer directly by only submitting the death certificate to them along with a signed form

Prashant Nayak
Advocate, Mumbai
22089 Answers
49 Consultations

4.4 on 5.0

1. If Father died "intestate" (without making WILL), THEN "ALL" his legal heirs (Mother, Sons, Daughters) are entitled to EQUAL share in Father's properties, without any exceptions, whatsoever....

2. A "Letter of Administration" has to be obtained from High Court, IF mother desires full property in his name, wherein all children will unconditionally release their share in favor of mother.

3. Persons who are abroad, can give registered Power of Attorney to anyone for representing them in such matters.

 

Hemant Agarwal
Advocate, Mumbai
5418 Answers
25 Consultations

5.0 on 5.0

If the property is on your deceased father's name then  the same shall devolve equally on all his legal heirs namely his wife and children.

Therefore you and your siblings have to execute a registered release deed relinquishing your rights in the property after which your mother shall become an absolute owner of the property.

This is a mandatory requirement if you want to complete your desire to transfer the property to your mother's name.

 

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

As per Hindu Succession Act, widow and all the siblings have equal right on the property. your sister consent required. 

Mohammed Mujeeb
Advocate, Hyderabad
18689 Answers
11 Consultations

4.5 on 5.0

Dear sir/ma'am,

After the demise or your father, you, your sister and your mother have 1/3rd share in the property each. 

Therefore your sister needs to give consent if you both wish to relinquish your share in the property. The same can be done by your sister by executing a power of attorney which will be required to be arrested at the Indian Consulate. 

However please clarify the object. Because after your mother's demise the property will once again pass on to you and your sister. 

Agam Sharma
Advocate, New Delhi
533 Answers
4 Consultations

5.0 on 5.0

1. Yes flat can be transferred on name of your mother only by consent of all other legal heirs of your father if he dies intestate.

2. If he is alive then he can execute a registered will in favour of your mother and in this case consent of you and your sister will not be required.

 

Mohit Kapoor
Advocate, Rohtak
10582 Answers
7 Consultations

5.0 on 5.0

The flat belonged to your father i suppose. Now it cannot be transferred unless relinquishment deed has been made and registered by all the the heirs in favour of your mother. Then the property can be transferred.

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

- As per law, as your father died without leaving any WILL, hence the property left by him would be devolved upon your mother, and other member of family i.e. legal heirs of your father 

- Further, As per Co-operative Societies Act, A member can nominate a person or persons to whom his share and interest in the co-operative society will be transferred by the society in the event of his death.

- Further, A member would cease to be a member of a society on death. However, his holding and other interests do not lapse, but they pass on to his heirs or legal representatives. 

- Further, the society is bound to transfer the share or interest of the deceased member to a person/s nominated, and if no such person is nominated then the committee of the society shall transfer it to such person as may appear to the committee to be the heir or legal representative of the deceased member.

- Hence, it is not possible to transfer the flat in your mothers name in the absence of consent from other legal heirs, including you.

- If society has done this , then it is against the law, and you can lodge a complaint against the society , and send a legal notice in the office of the society , for explaining the ground of transfer the flat in the name of mother without getting legal heir certificate , which is required legally. 

Mohammed Shahzad
Advocate, Delhi
5310 Answers
51 Consultations

5.0 on 5.0

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