I have purchased one flat in the joint-names of my mother and myself in
the year 1988. I have two sisters, both married in the year 2005 and
2007. My mother transferred her 50% share in the flat by way of a gift
deed in my favour, duly stamped and registered. In December 2010, I
sold flat but when my sisters came to know about this transfer, they
gave a letter to the society not to transfer the said flat in the name
of transferee. We have submitted all the papers to the society for
transfer, but they are not ready to transfer. What should I do?—Manohar Takur
When your mother has transferred her 50% right, title and interest in the flat in your name by way of duly registered gift deed, you have become the exclusive owner of the flat and on the submission of copy of such deed and on the compliance of the requirements as per bye-laws, the society has to transfer the flat in your exclusive name. As the owner of the flat, you can sell the flat and the society is to enroll the transferee as the member of the society on the compliance of the requirements for the membership. The society cannot withhold such a transfer merely on the basis of a letter sent by your sisters to the society.
When your mother has transferred her 50% right, title and interest in the flat in your name by way of duly registered gift deed, you have become the exclusive owner of the flat and on the submission of copy of such deed and on the compliance of the requirements as per bye-laws, the society has to transfer the flat in your exclusive name. As the owner of the flat, you can sell the flat and the society is to enroll the transferee as the member of the society on the compliance of the requirements for the membership. The society cannot withhold such a transfer merely on the basis of a letter sent by your sisters to the society.
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