1) on your husband demise your mother in law , you and daughter are legal heirs

2) your mother in law can execute release deed to relinquish her one third share in property

3) you need to obtain letters of administration from district court for immovable properties

4) succession certificate is only for movable debts and securities

5) LHC would not suffice

5) for sale of minor share in property you need court consent

6) after you obtain letters of administration then apply for mutation of property on your name and that of daughter

7) for formation of society contact local lawyer . After flats are sold then you have to form society

You have been rightly informed that you, your daughter and mother in law are the legal heirs of your deceased husband.

You dont need to obtain succession certificate to acquire the immovable properties.

Your mother in law can execute a registered release deed in your both favor after which you and your minor daughter shall be the joint shareholders of the properties left behind by your husband.

You may have to obtain legal heirship certificate for transferring all the revenue and other records in your both the the names.

You cannot sell the entire property, your daughter's share of property cannot be sold during her minority without the permission of court, for that you have to apply before the court giving valid and acceptable reasons to sell the property belonging to the minor.

For transfer of the shares in your both the names, you may have to comply with all the formalities that the society may be asking you both to comply with.

You can enquire about the same from the office of the society.

1. The legal heirship certificate can be obtained from the Local revenue department/Tahsildar's office.. It may not be necessary to obtain letter of administration.

2. For obtaining the legal heirship certificate yo dont hav to pay anything except for the nominal fee that has to be paid in the Tahsildar's office.

3. The society can do it if it is satisfied about the genuineness but it may insist on the legal heirship certificate in the absence of nomination.

4. The minor represented by the guardian and mother can be a member

5. Yes you can sell the property on the basis of the records transferred on you both.

1) letters of administration take 6 months

2)court fees would be Rs 75000

3) legal fees vary depending upon lawyer engaged by you

4) society can transfer share by following procedure as per bye laws

5) minor can be member of society

6) you can sell property on basis of release deed and on basis of flat transfer made in your names on child attaining majority

1. if it is your husband's self acquired property then you and your daughter is the legal heir.

2. your father and mother in law are come under tier 2 heir so in your life time they are treated as legal heir of your husband.

3. these properties should be devolved in your name because your daughter is minor.

1) obtain release deed from MIL

2) LHC should be applied in Pune

3) LHC has to be applied before district court . It takes around 6 months

1. Getting a registered release deed is different to that of procuring a legal heirship certificate, they both are to different subjects, so you may do whatever you feel like.

2. The legal heirship certificate can be obtained from the place where the deceased lived for more than a year prior to his death.

3. The legal heirship certificate is not a declaration, but yo have to apply for it giving the details of the deceased and all those people survived his death and dependents.

The author ties will verify the details and would give a certificate mentioning the actual legal heirs based o their verification report.

If society is willing to admit you as member on basis of release deed executed by mother you don't need letters of administration

If your mother in law has relinquished her rights in the properties by executing a registered release deed, then that should suffice and satisfy the society to transfer the member ship to your name and your daughter's name making you as a guardian to your minor daughter.

The legal heirship certificate may be required to transfer the revenue records and all other records to your names.

Once release deed is executed your MIL has relinquished her share in property

2) you would be absolute owner of property

3) share certificate hasn't been transferred in your name

4) you are at liberty to sell your flat

5) you don't need LHC

The share certificate issued by the society or the property tax receipt on your name are not the title documents.

They do not confer marketable tittle to you.

However based on the registered release deed executed by yor mother in law in your favor, you will become an absolute owner along with your minor or major children, if any.

Besides obtaining a legal heirship certificate in respect of the legal heirs or successors in interest in respect of yor deceased husband's properties would be more more useful to you to solve all other types of hurdles/problems that may arise at a later stage.

ask sub regsitrar to furnish copy of GR for increase in stamp duty to 5 per cent

2) your mother in law can execute gift deed for her one third share in flat to you

3) it would attract nominal stamp duty of Rs 200

For registering the release deed, you have to approach a document writer and not a lawyer.

The document writer would calculate the correct stamp duty payable and other formalities in this regard.

Better skip this lawyer and approach a document writer for the needful to be done on this.

STAMP DUTY ON GIFT DEED WILL BE 4% AND YES YOU CAN GET THE SALE DEED DONE FOR YOUR MOTHER IN LAW

A person who has the title to the land can only transfer the property and if the mother in law does not have any proper title then she can not transfer the same, she will have to get that share of property on her name to transfer it.

Regards

1) society can transfer flat in your name and that of your daughter on basis of gift deed executed by mother

2) flat need not be transferred in her name for her to execute her one third share in flat

Your mother in law can transfer her share in the property by executing a registered gift deed in your favor and also in favor of your daughter jointly provided she is entitled for the share of this property now being transferred by a gift deed.