• Steps after death of one of the owner in property

My dad & mom join owner in flat, now after dad demise what are the steps we need to follow to transfer this flat on mom's name & me as nominee.
secondly :- 
Transferring society shares by submitting indemnity bond & NOC from me is enough or any other leagal process like successor certificate etc needed ?

please note :- there is no will & successor certificate.
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

on demise of father his 50 percent share in flat would devolve on your mother and you

2) dd your father submit any nomination form to the society?

3) if so apply to society to transfer flat in name of nominees

4)furnish indemnity bond in favour of society

5) you can submit NOC to transfer flat in mother name

6) if your father did not leave any nomination for his share in flat better apply for and obtain letters of administration from district court

7) you can file consent affidavit for issue of letters of administration in mother name

8)succession certificate is only for movable debts and securities

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

1) adverisment in newspapers , indemnity bond , NOC from you is sufficient to transfer flat in mother name

2) you can execute deed of relinquishment or gift deed for your share in flat

3) your mother would then be at liberty to sell flat standing in her name

4) you don't need to inform municipal corporation

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

1. On death of your father you and your mother equally inherits his half sahre in the proeprty and his other assets provided there is no other legal heirs left by him. If your paternal grandmother is alive she will inherit his share.

2. Now to change the name you require mutation in the Municipality and Share certificate in the society which requires his death certificate and NOC .

3.In society both of you cna jointly hold society share certificate or make one of you its sole holder on NOC of another.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. After dad's demise his share devolved on his widow and you equally if there is no other heir.

2. Succession Certificate is required for only liquid assets.

3. Do as the society says.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

There are two things involved in this, one is to get the property transferred to your mother's name by registration process and another is for transfer of shares in your mother's name in the society.

The first one can be done by you executing a registered release deed relinquishing your rights in yor mother's favor.

For the second one, you can give a no objection certificate for transferring your shares in yor mother's name.

Please be aware that the share of yor deceased father's property shall devolve equally on you and your mother, hence you can relinquish o transfer only your share out of yor father's share.

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

The society's formalities will confine to the transfer of share within the society but for sale o immovable property at a later stage, it is important that you execute a registered release deed relinquishing your rights in respect of or share ot of yor deceased father's share in the property in favor of your mother, after which she will become an ab solute owner with marketable title to the property.

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

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