Legal Question in Real Estate Law in India
I have a 1 BHK apartment in Thane, Maharashtra wherein in the purchase agreement with builder (dated 1995), first name is of my mother and 2nd name is mine. Because of sudden death of my mother, what is the procedure of removing my mother's name and transferring the flat ownership in my name. I have 2 sisters. 2ndly can I sell the flat without doing such transfer ? Thanks to please answer me.
1 Answer from Attorneys
28.03.2014
Dear Sir / Madam,
If your apartment is in a registered Co-operative Housing Society, you will need to complete the prevailing formalities of submitting your mother's Death Certificate, Affidavit and Indemnity Bond (since her name is first in the joint names) to the Society that you undertake to indemnify all your mother's surviving legal heirs i.e maybe your father and your sisters for the Society to record the title of the flat in your single name only. If there is no Society, you will need to comply with the prevailing procedure as laid out by the Tehsildar / District Registrar.
Regards,
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