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.
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?
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
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.
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.
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.
Who is the owner now?
Anyway consent is required
Ask your mother to take relinquish deed from other legal heirs.
Yes they can transfer directly by only submitting the death certificate to them along with a signed form
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.
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.
As per Hindu Succession Act, widow and all the siblings have equal right on the property. your sister consent required.
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.
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.
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.
- 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.
