Legal Support
What steps needs to be followed for transfer of flat in case of death in following scenarios: 1.The flat was in joint name - On death of 1st name holder, can flat be transferred in name of 2nd name holder? If yes, what forms needs to be filled? If no, what steps should be followed? 2. Both the owners have died and no nomination exsist. He has one son and daughter. Son has applied for transfer in his name. Daughter is ready to give NOC. What steps needs to be followed? Many Thanks
Conversation of Legal Support
Adviser: The second named member is deemed to be an associate members and has no right in the property unless specified in the agreement. Therefore, one need to follow the process as specified in bye-laws i.e.: 1. Publish the Public Notice in two leading local news papers inviting the claims / objection from the public as per the prescribed format. The said notice will also be displayed on the society’s notice board. 2. Person who would be the legal hire / eligible for transfer needs to give an indemnity bond as per prescribed format. 3. Membership form in the prescribed format. 3. If there are more immediate family members then all such persons needs to submit Indemnity Bond 4. Submit the original share certificate. 5. Submit the original copy or certified true copy of the death certificate Only on submission of above documents and completing the above steps. The property can be transferred in the claimant member's name.
