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Property transfer issue?

Riyaz (accountant) (310 Points)

08 November 2011

My question is: A father having 4 child and he is having a flat in his and also 3 child name. and now father is no more.... now the remaining 3 child want the flat to be transfer in the name of remaining 3 child. 4th one is still not in the subject and they also dont want to include that 4th one in the subject... so what is the exact way to get transfer the flat in the name of remaining 3 child. Is they have to get NOC from 4th one or not? what are the documents to be submitted in the society to get transfer?

Thanks and waiting for your reply!

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2 Replies

Ajay Rajai (Tax Advocate (Consultant) I.T and Documentation of Properties) (705 Points)
Replied 11 November 2011

Father and his 3 child - each of them are having 1/4 th share in property. If father dies, then his 1/4 th share will be divided into equal shares to all his legal heirs. i.e All his legal heirs namely his wife, 4 children (son), if daughter, then she also - all will have equal share and right over 1/4th share of the deceased.

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Annu.R (CA,CS,B.Com) (2788 Points)
Replied 11 November 2011

If the father purchased that flat in shares....with their 3 children and left 4th child at the time of purchasing that after father the share of father will be divide in four shares in all children means:-

100 = Father 25 %, child = 25 %, Child = 25%, Child=25% and one child =0%

now, after father the share will be divide- fathers share 25% divide in four equal parts 6.25% in each

now, it will be 25+6.25=31.25% in three and only 6.25% for that whose was not in Registration.

If father left any Vasiyat for the three only then the part/share will be in another shape....

documents required:-

If the flat registered with Registrar than Virasat or if the father left their vasiyat on the name of only three then that vasiyat.......Virasat on just Rs 10/- non-judicial stamp paper or Vasiyat not require any stamp paper even it will be right without any registration only with two witnesses for mutation....as per Tranfer of Property Act.......if flat is only registered with socity then the above same will be submit in socity only.....but don't forgat the reveiving of that from Registrar or Socity.....