Juliana Burbidge
Asked December 01, 2016

transfer of title deed

  • 1 Answer
  • 1178 Views

My so called uncle was staying with me for the past 8 years and there is no trace of his family members. But now my uncle has expired this year and the flat is in both our names. I have arranged for some money to register the flat in my name but the promoter is refusing to register the flat in my name. Is there any way to get the flat registered in my name. I have sold everything to purchase this flat along with my uncle. Please help.

Answer 1

In your case, there is a very simplified procedure for transmission of flat in your name. The developer has no right to deny your claim by any means possible as you are the legally available heir of the said flat as it was jointly brought by you and your uncle. If the Developer still denies you your right, you may simply obtain the same by means of court order, which would be easily granted. Here, I would be guiding you through the entire procedure for transmission of ownership in case of flats jointly owned.

Earlier, flats were generally purchased by an individual, usually the male member of the family, who used to be the earning member. However, with the rise in the prices of property, the trends have undergone a change now. These days we find that flats are usually purchased in the joint name of husband and wife. In such a case, if percentage of share in purchasing the flat is not stated, it is assumed that both of them have equal shares in the ownership of the flat.

In the above scenario, a share certificate is issued in the joint name of the husband and wife, as a joint ownership. As per existing Bye-laws, the person whose name does not stand first in the share certificate becomes an 'Associate Member'. In case of death of the person named first in the share certificate, the Associate Member retains the right on his/her flat since his/her name exists in the Sale Deed of the flat as a joint buyer.  

When flats are bought jointly, the joint owner can make a will bequeathing his/her part of the flat to the other joint owner. Thus, in case of death of anyone of them, the one surviving joint owner will get an absolute right on the jointly owned flat (provided, the due process of the law is followed).

 

Transmission of flats happens in the following two ways:

  • When the flat owner has made a nomination before death.
  • When the flat owner has not made any nomination before death.
  • Nominee:

    The word nominee means a person who holds or acquire right, property or any other kind of liability incurred on behalf of others. Nominee means a trustee. A nominee holds a property on behalf of other legal heirs.  

    Thus, the simple meaning derived from above proposition is that a nominee cannot be a real owner but, in fact a trustee who has legal control of property that is kept or invested for another person, company or organization.

     Procedure for nomination:

    The procedure for nomination by a member of co-operative society is provided in bye laws of the Cooperative Housing society, bye law no. 32, which runs as under:  

    “A member of the society may by writing under his hand in the prescribed form, nominate a person or persons to who the whole or part of the shares and /or interest of the members in the capital/property of the society shall be transferred in the event of his/her death.”

     Further no fees shall be charged for recording the first nomination.

  • A members may revoke or vary his nomination, at any time, by making an application, in writing under his hand to the secretary of the society.
  • Every nomination made, shall be recorded in register of nomination “within 7 clear days’’ from the date on which resolution to accept the nomination was recorded in minutes of managing committee.
  • Every fresh nomination shall be changed a fee of Rs100
  • Transfer of shares/of interest on event of death of member to a nominee:

    It is clearly provided in section 30 of the Maharashtra Co-operative Societies act, 1960 (Act no. XXIV of 1961 Mah) that, on the death of a member of society, the society/developer shall transfer the share or interest of the deceased member to person or persons nominated in accordance with the rules and byelaws.

    A nominee comes into picture only on death of the member. The society shall transfer the shares of the deceased member to nominated person. 

     

     

    Procedure to follow for transmission when no nomination is made by the flat owner or when no nominee is ready to accept the membership of the society

    In such a case, if there is a dispute among the relatives of the deceased, the Society/developer will demand Succession Certificate from the relatives of the deceased. Negligible Court Fee has to be paid for the same, in the light of judgement delivered by the Bombay High Court, in case of Testamentary Petition No595 of 2005, Yallappagauda Shankar Rao v/s Smt. Yallappagauda Manjunatha Rao.

    When there is no dispute as it seems in your case, following papers are to be submitted:

    (1) Application for membership by an heir of the deceased member, in Appendix-17, with Rs100 entrance fee. [under Bye-law No.35]

    (2) If the heir does not have an independent source of income, an undertaking by an earning member and relative of the heir, who is ready to pay all Society's due of the heir has to be made on Rs100 Non-judicial Stamp Paper.

    (3) The heir has to give an indemnity on Rs200 Non-Judicial Stamp Paper, in Appendix-19. [ under Bye-law no.35 ]

    (4) The heir has to give an undertaking on Rs100 Non-Judicial Stamp Paper, in Appendix-4. [under the bye-law no. 17(b) and 19(A)(iv) ]

    (5) CHS will display the notice in Appendix-16 in its notice board, send a copy to every member of the Society and will publish it in two local newspapers having wide publicity, one in local language and one in English. Any claim from the public has to come within a period of 15 days from the date of publication of the notice. [ under Bye-law no.35 ]

    (6) Follow points (6) to (10) as mentioned above in the case where nomination is made.

     (Note: The heir has to take a Xerox copy of the notice published in all the newspapers as proof of publication in the newspapers and among the members of the said CHS. These are to be submitted to the Society, as a proof of publication in the papers.)

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