• Flat transfer

I have obtained Probate from High Court Mumbai based on WILL of my mother.

My mother is no more.
How can flat owned by her in new society where share certificate yet not issued be transferred in my Name along with Index II.

Pl help.

Harshad Khona
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

As and when share certificate is issued by society flat would be transferred in your name and necessary endorsement made on share certificate

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. once probate is granted then the Will has to be cojsideredt have all the necessary legal bearings.

2.So after grant of probate the Society is bound to make necessary changes in the sahre certificates.

3.if the society refuses to do that then you can drag it to the registrar of the society by lodging necessary complaint.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Index II is an extract which one gets it after registering the document of immovable property. It is a kind of extract issued by the registration department as an official record of document or transaction recorded in the register maintained by registration department

2) apply to sub registrar office

3) enclose copy of probate of will obtained by you

4) latest Receipt of payment of property tax

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. Apply for transfer of share certificate first in name of your mother and once it is done then apply for transfer to you on the basis of the probate you have obtained.

2. The probate granted by the HC is sufficient to transfer the share certificate to you, but it has to be preceded by transfer of share certificate to your mother.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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My mother is no more.

How can flat owned by her in new society where share certificate yet not issued be transferred in my Name along with Index II.

On the basis of copy of probate of the Will, you may apply for transfer of share certificate with the society.

The Will, if confirmed that you are the beneficiary to your mother's property s per the bequest made in it, then the society has nothing to object, they may have to make sure that you comply with the other formalities in this regard.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

what about Index II ? how to get it.

On the basis of probate of will, along with a copy of the probate order, you may apply for mutation or transfer of revenue records to your name before the concerned Tahsildar's office, and get the property transferred to your name.

Index 2 is the extract of a sale deed or the document which is registered in respect of the property with the sub registrar of the area.for investigation of title both are required as after submitting index II along with prescribed form. Talathi makes entry to mutation register and task effect on 7/12 and after certification by circle officer it is confirmed.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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