In Focus

Documents needed to effect transfer of flat

By Gajanan Khergamker

In these cases, it is preferable to draft a will stating one's wishes and registering it. In these cases, either party can do without paying stamp duty. The benefit of the flat passes on to the heir who may be a beneficiary only after the demise of the person making the will.

After the demise of any member, his\her legal heir or heirs who want to have the flat transferred in their name should submit some relevant documents to the society so that it can transfer the flat from the name of the deceased member to the name of his heir.

Before beginning the procedure, the heirs should find out whether the deceased member has filed a nomination. In cases of no nominations, the applicant should issue a public notice in two local newspapers at his own expense. Only after doing so, an applicant should start the proceedings to transfer the flat in his / her name.

The applicant should submit the following documents to the society:
(a) Along with an entrance fee, an application for membership in the prescribed form;
(b) A certified true copy of the deceased member’s death certificate.
(c) The original share certificate.
(d) An undertaking from the applicant that s/he will use flats only for the purpose for which it has been allotted and no further change of user will be made unless he procures a writer permission of the managing committee.
(e) An indemnity bond claiming to indemnifying the Society and its office bearers against any claim / suit or other legal proceeding by any other lawful and equitable heir/heirs of the deceased member of the society.

It is permissible in these cases for a society to insist on a list of legal heirs as well as an affidavit from the applicant which states that other legal heirs do not object to the transfer of the flat in the name of the applicant.

The society could also ask for a succession certificate which is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased.

To avail a legal service, an expert opinion or an appointment with Solicitor and Property Law Expert Gajanan Khergamker, call 8080441593