How to Ensure Proper Transfer of Title of Flats in Cooperative Societies on Death of an Owner

It is a common trend in Mumbai in the case of flats in cooperative housing societies where beneficiaries under a will or nominees made in respect of Flats in cooperative housing societies have the shares of the cooperative housing society transferred in their names from the names of the deceased without obtaining a probate of the will of the deceased or a letters of administration with or without will annexed. They believe that upon the transfer of the shares of the society in their favour, the immoveable property i.e. that the flat in the cooperative society is also transferred in their favour and they become owners of the said flat.

This is not a proper transfer of the said flat. Under the Indian Succession Act 1925, for immovable property situated in Mumbai, a Hindu, Buddhist, Sikh, Jain or Parsi, has to obtain a probate or a letters of administration with or without a will annexed to recognised as a legatee under such will or as a valid legal heir in respect of the immoveable property left behind by any such deceased. Further under the registration act 1908, any transfer of immoveable property worth Rs. 100 or move is required to be done vide a written agreement which is duly registered. Keeping the above provisions in mind, in order to have a perfect title with respect to a flat in a cooperative housing society, a person should complete the following steps :

1. Approach the Court for the purpose of obtaining a Probate or Letters of Administration with or without will annexed.

2. Upon receipt of the Probate or the Letters of Administration with or without will annexed, execute and register a formal written document transferring the immoveable property from the estate of the deceased to the name of the beneficiary.

3. Approach the cooperative housing society to have the shares in respect of the said flat transferred in the name of the beneficiary.

Upon completion of the above mentioned steps, a person who inherits a flat in a cooperative society in Mumbai would have a complete title in respect of the said flat.

Written by - Advocate Shefal Chirawawala

Disclaimer: This article is published for the purpose of general information only and is not intended and or does not constitute legal or other advice. The reader shall independently verify the information contained in this article and the author does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.