Transfer of chawl property in mother's name.
Hi. I live in a chawl in chembur East, which is in the name of my father (as per photo pass from the authority). But as per the affidavit executed by the earlier owner, the chawl was transferred in the name of both my father & mother. My question is whether the chawl still stands in the name of both or only my father. And in the latter case, what will be the procedure to transfer the chawl in the name of my mother only. Kindly help with ur advice.
Asked in Property Law from Mumbai, Maharashtra
1) transfer of the room in chawl has to be by regd sale deed
2) on basis of mere affidavit transfer of chawl cannot be done
3) file RTI with competent authority on what basis photo pass only issued in father name
4) your father can execute gift deed to transfer chawl in mother name
if your father is died then it can be muted in your mother name otherwise your father can execute either gift deed or relinquishment deed in favour of your mother. affidavit executed by the earlier owner is relevant evidence and it shall be admitted in evidence, because he is predecessor in interest.
The documents need to be perused to answer this query, so consult a local lawyer with documents. Your father needs to execute a relinquishment deed in favour of your mother to transfer it to her.
Since the property is already in the joint names of your mother and father, upon producing the death certificate of your father, your mother can become the sole tenant of the chawl. She may, if necessary give a request to the original owner to transfer the rights on her name alone.
If the same is not in the joint names, along with a NOC from all other legal heirs, she may request for transfer of chawl rights on her name.