1) did your father fill any nomination form for his 50 per cent share in flat ?

2)since your father died intestate legal heirs should apply for letters of administration from Bombay high court . you and your brother can execute consent affidavit .court would issue LA in mothers name

3) it takes around 6 months

4) then apply for transfer of flat in name of mother

5) if your father has made your mother nominee of flat society would transfer flat in mother name on basis of the nomination . you and your brother can execute gift deed or relinquishment deed for your share in flat

1. After the demise of your father, intestate, his 50% share f the said flat will be inherited equally by your mother and two of you brothers.

2. For transferring your and your brother's share of your father's share of the said flat both of you shall have to register a release/gift deed in favour of your mother.

3. After the above registration of settlement/gift deed, your mother will become the sole owner of the said flat.

4. Such registration of settlement/gift deed will take 1 to 2 days for drafting and registering.

5. Engage a local lawyer for drafting the said deed and registering the same in favour of your mother.

1. Since your parents were the joint owner of the property on death of your father his half share in the proeprty will devolve in equal shares on his children and his wife.

2.So to make your mother the full owner of the proeprty you will have to relinquish your share in the same by way of a gift deed.

3. Once gift deed is made your mother can apply to mutate her name in the proeprty .

My questions is what all legal documents are needed to transfer my fathers share to my mother.

after death of your father this flat automatically devolved upon legal heirs. your mother, brother and you are the legal heirs so flat is devolved upon you all. however property is not mutate in your name. so in this condition you should execute a registered relinquishment deed and relinquish your right in favour of your mother. thereafter mutate this property in name of your mother only. then property will devolved in your mother's name and she will get absolute right over the property.

And how much time it takes on an average to complete the procedure.

it will hardly take 35-40 days because

1. there is no dispute regarding ownership of property.

2. parties are agree to relinquish their right.

3. only notice period i.e. 30 days is required to complete this procedure.

If you want to sell the flat then no need to transfer the flat in mothers name. All the persons are jointly sell the flat to third party. After the death of father,the share of father distributed to 2 sons and mother equally . mother has already half right in the flat. Now the flat is joint ownership of mother and her children.

If Son's wish to transfer their shares in favour of mother then execute a release deed or settlement deed in favour of mother .Death certificate and relationship certificate is the substantial document for the valid transaction.

Since your father was a joint owner of the property, his legal heirs i.e., you, your sibling and your mother are jointly entitled to a share out of his share in the property.

You both can execute a registered release deed relinquishing your rights in the property in her favor after which she will become the absolute owner of the property.

This process can be completed in a single day.

1. Execute a relinquishment deed in favour of your mother and get it registered. It takes not more than a day for the registration.

2. Your title is clear even now. All the legal heirs can sell the flat by executing the sale deed in favour of the buyer.