Through this weekly column, I have provided advice on various cases ranging from transfer or addition of name in share certificate, explaining the requirement and use of a succession certificate, or alternatively using a release deed to achieve the same purpose. While each case has been unique, understanding the solution I have provided may ultimately help you devise a way out of your particular problem as well.
 
This week, I am addressing a problem where both joint owners of a flat are deceased and the surviving members of the family have decided to relinquish their rights to the flat in favour of the widowed wife of one of the joint owners. While the process of transferring is simple, it requires due diligence and coordination from each affected party. 
 
In another case, I will provide a simple and cheaper solution of transferring the property card of a cooperative housing society (CHS or Society) building in the Society's name. While professional legal consultants may charge exorbitant fees, the process is simple enough that an enterprising individual appointed by the Society can follow up and complete the process at a minimal expense. 
 
Finally, I will also clarify the legality of additional and separate charges that some Societies levy on tenants. 
 
Transferring Ownership after Death of Joint Owners
 
Question: A 2 BHK flat in Mumbai is in the joint ownership of my brother and father as first and second owners, respectively. My father died in 2016, and my brother passed away last year. My brother is survived by his wife and two kids (both minors). My brother did not file any nomination with regard to his share, while my father had filed the nomination for his share in my brother's favour. Apart from me, my father is survived by my mother and sister (married and UK citizen with OCI). We want to initiate the property transfer in my sister-in-law's name (my brother's wife). Kindly explain the process required to complete it.
 
Answer: I understand that the flat was in the joint name of your brother and your father, both of whom are now deceased. Further, your late bother has his wife and two minor children, while you have your mother and your married sister, a UK citizen. Now, you want the said flat to be transferred in your sister-in-law's name. Based on this understanding, I am providing a solution below. 
 
You, your mother, your sister, your brother's widow and again the widow (as guardian) of her minor children should, together make a 'release deed' on a Rs500 non-judicial stamp paper. This stamp paper has to be bought in the name of your mother. By signing such a release deed, you are all releasing your right to the flat in favour of your sister-in-law. 
 
If your sister cannot travel from the UK for the aforementioned work, then she can register a power of attorney (POA) in the Indian consulate office in UK, allowing either you or your mother to sign on her behalf. On this POA, you or your mother, as the case may be, can put their signature in the UK consulate office in India and adjudicate the same at the collector of stamps office by paying Rs500 as stamp duty to register it. 
 
The 'release deed' should be witnessed by two adults and registered with the sub-registrar of assurances office, where the registration fees are Rs1,000. Submit the sub-registrar of assurances certified copy of the release deed and its Index-2 to the Society where the concerned flat is located. Society would then transfer the flat in the sole name of your brother's widow.
 
Transferring Property Card in the Name of the Society
 
Question: We have received conveyance in our Society's name, but name transfer on the property card has still not been completed. Please advise on the process to change the name in Society's favour. Some legal consultants who were approached by the Society are quoting charges of Rs15 lakh-Rs20 lakh for this service. Please advise. 
 
Answer: If your conveyance deed is registered with the sub-registrar of assurances office and stamp duty has been paid on it, your Society, through its secretary or chairman, should apply at the city survey office to transfer the property card in the Society's name. The form to apply for a property card is available at the city survey office or with the typists who offer their services around the office. 
 
Apart from the sub-registrar of assurances certified copy of conveyance deed and its Index-2, the list of other supporting documents is clearly mentioned on the form as mentioned above. 
 
After submitting the form along with the necessary documents, you will get a call for a hearing from the city survey office, and within 15 days, you will get the property card transferred in your Society's name. 
 
With this property card, which would now be in the Society's name, you should apply at the city survey office to get a survey of your Society's land and a land map of your Society. This land map would show the Society building's outline in the context of the surrounding areas.
 
This completes all the work for transferring the property card in your Society's name and your Society should now be ready to go for redevelopment. The entire process can be completed with Rs1 lakh-Rs1.5 lakh compared to the exorbitant fees you quoted from the legal consultants. 
 
In case you are facing difficulties or need further detailed guidance, you may contact Moneylife Foundation's office (022 - 35131664) for an appointment.
 
 
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
 
Charges Levied by the Society for Tenants
 
Question: Our Society charges a one-time fee of Rs5,000 for renting a flat, rather than charging a non-occupancy charge periodically in the maintenance bill. Also, the Society charges Rs2,500 for use of lift at the time when a new tenant move in or when an old tenant moves out. 
 
Besides this, the Society also charges 21% interest for delayed payments against maintenance dues and it also charges extra amounts towards vehicle parking for tenants. Please advise whether such charges are legal.
 
Answer: If your Society is charging a one-time fee of Rs5,000 for giving a flat on rent, then such a charge is illegal and wrong. The Society should be charging a non-occupancy charge, as you have mentioned in your query. For this particular issue, you can file a complaint against the Society to the deputy registrar of cooperative societies, under bye-law no. 174(A)(v).
 
If the lift in your Society's building is being used for transportation of tenant's goods, then the flat-owner is liable to pay the charges of Rs2,500 for such use. Further, the Society's charges of 21% interest for delayed maintenance is correct as explained under bye-law no. 71. While there is no mention of additional separate charges for tenant parking under the model bye-laws, I believe the Society is justified in doing so and the tenants themselves can pay the charges. 
 
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever. 
 
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)