Wednesday, 24 November 2021

Flat Transfer Procedure after death without nomination Maharashtra

Transfer of Shares and interest of the Deceased Member in the Capital / Property of the Society to the legal heir Bye Laws - 35

Sr No. Name Of Form/Application Form No.
1 Death certificate
2 Certified copy of Succession Certificate / probate of WILL / Legal heirship Certificate / Register Released Deed
3 Application for Membership by the heir of the deceased member as per the Bye-Laws No 35 17
4 The form of undertaking to be furnished by the prospective member to use the flat for the purposed for which it is allocated. (Bye laws No. 19 (a) (iv)) On Rs. 200/- Stamp Paper 3
5 The form of undertaking about the registration of the acquisition of a flat undersection 269AB of the Income Tax Act (Bye Laws Nos. 19(a),(iv) and (vii) On Rs. 200/ Stamp Paper 25(2)
6 Form of Indemnity Bound on Rs. 500/- Stamp Paper duly Notary. 19
7 Newspaper Notice 16
8 Nomination Form 14
9 New owner information (KYM)
10 Photo Copy of ID Proof PAN and AADHAAR CARD of Applicants
11 Transfer Fee as per Bye- Law No. 38 (e ) (vii) Rs. 500/-
12 Entrance Fees as per Bye- Law No. 38 (e ) (viii) Rs. 100/-

What Bye – Law No. 35 says about transfer of flat without nomination

1. Where a Member of the Society dies without making a nomination, or no nominee comes forward for transfer, the Society shall invite within six month from the information of his death, claims or objections to the proposed transfer of Shares and interest of the deceased Member, in the capital/property of the Society, by a public notice, in the prescribed form, exhibited on the notice board of the Society. 

 2. It shall also publish such notice in at least two local newspapers, having wide circulation. The entire expenses of publication of the notice shall be recoverable from the value of shares and interest of the deceased Member in the capital/property of the Society. 

 3. After taking into consideration the claims or objections received, in response to the said notice, and after making such inquiries as the committee considers proper in the circumstances prevailing, the committee shall decide as to the person, who in its opinion is the heir or legal representative of the deceased Member. Such a person will be eligible to be a Member of the Society subject to the provisions of the bye-laws Nos. 17(a) or 19, provided that he gives an Indemnity Bond along with his application for Membership in the prescribed form, indemnifying the Society against any claims made to the shares and interest of the deceased Member in the capital/ property of the Society, at any time in future, by any person. 

4. If there are more claimants than one, they shall be asked to make the affidavit as to who should become a Member of the Society and such person, named in the affidavit shall furnish the indemnity bond as indicated above along with application for Membership, referred to above. If however, the committee is not able to decide as to the person who is the heir/legal representative of the deceased Member or the claimants do not come to the agreement, as to who should become the Member of the Society, the Committee shall call upon them to produce succession certificate from the Competent Court. If, however, there is no claimant, the shares and interest of the deceased Member in the capital/property of the Society shall vest in the Society.

Transfer of flat in case of death of member in English | Transfer of property after death of without will in India | Procedure for transfer of flat to legal heirs in housing society