Your Housing Problems & Solutions
Transfer and nomination of flat
Q: My father is 86 years old and unwell. We have an apartment registered in a joint name in a CHS. A nomination form naming my wife has been submitted to CHS. He has also made a will on stamp paper but is not registered. 1) There is no dispute with my sister or mother — the only legal heirs. What will be the procedure for transmission be? 2) He is willing to give POA or Gift Deed but I am told that any POA for sale or gift deed requires registration at the sub-registrar office, which is difficult. Can it be registered by him at residence?
A:Your father should execute a Gift Deed for his flat in your name for the smooth and legal transfer of his flat. If your father cannot move around, the sub-registrar of assurances on payment of needful fees will come to your house to do registration of this Gift Deed from your home. Stamp Duty for this Gift Deed will be Rs 200 and Registration Charges for this gift deed is also Rs 200, if such Gift Deed is executed on or before March 31, 2022.
Transfer of jointly owned flat Q: There is a CHS flat in Mira-Bhayandar, Mumbai in the name of mother-son duo Mrs G and Mr P. Mrs G is the first name holder in the share certificate. Mr P died in an accident in 2012. He was unmarried, with the flat as his only asset. There is no nomination in the share certificate. Mrs G wants her son's shares transferred in her name. All class-I heir (two sisters) are willing to provide NOC, other documents that might be required for the transfer. Class-II heir (the father) is also willing to provide the same. What would be the procedure to get the joint holder's name deleted?
It appears that the flat is jointly bought in the name of Mrs G and her son. Mrs G's joint owner, her son, Mr P, is no more. Mrs G has her living relatives — husband and two daughters. And now she wants the flat to be transferred to her name. She should fill out the following forms.
Appendix numbers for the forms referred to below are from Co-op. Housing Society's Bye-law of the year, 2014.
1. A covering letter addressed to the secretary of the society/chairman by Mrs G stating that she is enclosing the following documents in a file to transfer her jointly owned flat with her son to her name as her son has passed away.
2. Original share certificate of the flat. This will be returned to Mrs G after it is transferred to her sole name.
3. A Rs 600 crossed cheque in the name of society by Mrs G towards membership entrance fee. Put documents (2) and (3) in a punched plastic folder with the covering letter (1).
4. Copy of death certificate of Mr P.
5. Sole membership application by Mrs G as in Appendix-17 in two copies printed on ledger paper.
6. An indemnity bond on Rs 500 nonjudicial stamp paper in the format as given in Appendix-19 by Mrs G, her husband and their daughters, stating that if the said flat is transferred in the name of Mrs G they will indemnify the society.
7. An affidavit on Rs 100 non-judicial stamp paper, whose format, more or less, is the same as Appendix-19 by Mrs G, her husband and their daughters.
8. Undertaking on Rs 200 non-judicial stamp paper by Mrs G, as in Appendix-3.
9. Photocopy of PAN Card and Aadhar Card of Mrs G.
10. Nomination form in Appendix-14, printed in ledger paper in three copies by Mrs G.
Kindly take a photocopy of all the documents and make a separate folder of these photocopies. Submit the file containing the above ten original documents to society and take a signature with the date of society's office bearer and society's seal on the file containing the copies.
Society will give Mrs G acknowledgement on one of the three copies of her nomination form. The society will then send Mrs G a receipt of Rs 600 in her name under two headings: Membership entrance fee and membership fee.
After 45 days, society will give Mrs G a share certificate of her flat transferred in her name.