• Transfer of flat after death

My father purchased a flat in 2005, and expired in 2006. The flat is in his name till now. Our family had mother, brother n myself. My brother also passed away feb 2017. We want to rent out this flat. We are native residents of azamgarh up, however have lived and resided in odisha since 2000. We wanted to transfer flat ownership to the surviving members- mother and me.
What is the procedure?
Is my brothers death certificate also required along with fathers death certificate?
My parents married as per hindu customs, however is not on paper ( there is no marriage certificate)
What should be done? And how to get flat ownership transferred?
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

1) apply for letters of administration from district court in the name of mother and your self

2) enclose father death certificate

3) you have not mentioned whether your brother was married or not

4) if he was married his wife and children would also be the legal heirs as they would inherit your brother share in property

5) letter of administration does not take more than 6 months

6) on obtaining LA apply to society for transfer of flat in the name of legal heirs

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. The ownership of the flat has already devolved by default of law of succession in the name of yours and your mother.

2.Now only the your respective name is to be recorded in the revenue records of the Municipality which is called Mutation.

3. For this you need to only produce their death certificates and heirship certificate on which basis the Municipality would mutate your names .

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) for immovable property you need letters of administration

2) legalheir certificate would not serve the purpose

3)how can father name be changed in sale deed .

4) if there is no society formed of flat owners then apply to the builder for transfer of flat in your name and that of mother

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. If your demised brother was not married, you and your mother shall equally inherit the property of your father who has died intestate.

2.Collect death certificate of your father and elder brother and also legal heir certificate of your father from the local tehshilder or counselor of local municipal counselor.

3. Get the property mutated in the name of your mother and you.

4. After this you can sell the bsaid property and register the sale deed in favour of a third party.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Yes, you shall have to collect the legal heir certificate as advised in my earlier post but which agreement of sale you shall change the name before the registrar's office?

2. You two have already inherited the said property but since there deed registered for conveying the title of the property through inheritance, there will be no deed to be registered in the Registrar's office.

3. You shall be able to convey the title of the property which you have acquired through inheritance to a third party by registering a sale deed in his favour.

4. If you want your names to feature in the Registrar's office as title holder of the said property, you can register a partition deed before the Registrar which will record your name as the title holder of the partitioned property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You have to prove yourself as the son of your deceased father and similarly your mother also has to do it.

If your brother was not married or issue less, then you can apply for legal heirship certificate by which you can get the property transferred to your name.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Brother was 18 yrs and unmarried. I am also unmarried. I am being advised to obtain a legal heir certificate and change name in sale agreement from registrar's office.

You can proceed as advised.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer