What is the processor for transfer flat joint name to single What is the processor for transfer flat joint name to single

3 years ago

1) Currently my name is in joint with my mother and its second name in the society
2) I want to transfer it on my own single name
3) I have 2 elder brothers and I have no sister and father passed away 6 years ago
4) Both brothers no one have any issues
5) I heard my mother can make a gift deed
6) Is it mandatory to make the gift deed registered ?
7) Can i get the format of the Gift Deed ?
8) Is my brothers NOC required ?

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
My answers are as follows: Please give me Rank 5 if you feel my answer helped you.
1) Currently my name is in joint with my mother and its second name in the society
Ans: Your mother may gift the property in your name.
2) I want to transfer it on my own single name
Ans: Yes, Gift deed is simple and economic
3) I have 2 elder brothers and I have no sister and father passed away 6 years ago
Ans: Their consenting signatures may be taken on the gift deed or get relinquishment deed from the brothers.
4) Both brothers no one have any issues
Ans: Their relinquishment deeds may avoid future litigations
5) I heard my mother can make a gift deed
Ans: Yes
6) Is it mandatory to make the gift deed registered ?
Ans: Yes, otherwise it is waste exercise.
7) Can i get the format of the Gift Deed ?
Ans: Online it is available and you have to convert as per your desire.
8) Is my brothers NOC required ?
Ans: Instead of NOC get Relinquishment Deed from them and also their consenting signatures on the Gift Deed.
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Anish Palkar

Responded 3 years ago

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A.1) So your name is in 2nd in society Right
2) If you have 2 elder brothers then you will require NOC to be given in the society by both Elder Brothers & along with your mother , so that they can transfer the Share Certificate in your name. Some times the society may also ask for release Deed from your brothers.
3) Is the ration card bearing all the names of family members- If the elder brothers are married the NOC/ Release Deed of their wife will also be required & if they have any children above 18 years then NOC/ Release Deed of Children is also compulsory.
4) As currently you & your mother are the JOINT owners of the said Flat so the question of Gift Deed DOESNOT arise.
5) Gift deed can be made if you were in the legal heirs or nominee, Also in gift deed you will have to register along with stampduty.
6) Yes, if you want you can get a customerised draft of Gift Deed.

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ADV. ANISH PALKAR (High Court)
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.See the best way to get a release deed by making both the brother as consenting witnesses.
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