• Joint Property

We have a flat in joint ownership of myself,my wife and my mother-my mother died few years back ,now I want to sell off the flat-what is the procedure to remove my mother's name -I am only son
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

apply for and obtain letters of administration from district court if mother died intestate

2) enclose copy of mother death certificate

3) it should not take more than 6 months

4) then apply to society to transfer mother one third share in flat in your name

5) in the alternative if your mother had left any nomination form apply to society to transfer mother one third share of flat in your name

6) society would transfer flat in your name on execution of indemnity bond

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

Approach society to transfer mother one third share in your name

2) if your mother did not leave any nomination form society may direct you to obtain letters of administration or succession certificate

3) please note that succession certificate is only for movable debts and securities. You need to obtain LA from district court if society refuses to transfer flat in your name

4) in indemnity bond you indemnify society in case any claims are made in respect of mother one third share by any third party

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

1. There is no need reo,ve her name.

2.on death of your mother her shares devolves upon her legal heirs which include you, any other brother/sister and your father.if alive.

3. Then you,your wife and legal heirs of your mother can jointly sing and sell the property.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Since your mother is a joint ownrer along with you and your wife, she is entitled to 1/3rd sahre in the house proeprty.

Upon her intestate death, her share of property shall devolve on her own legal heirs consisting her children and husband.

If your father is not living and you do not have any siblings then your mother's 1/3rd share of property will devolve on your name, thus you will be the owner to the extent of 2/3rd share in the property.

Since your wife is a joint owner, yo cannot sell the property by yourself alone.

You can jointly sell the property by producing the death certificate and legal heirship certificate in respect of the legal heirs of your deceased mother to enable you to sell the property along with your wife.

You dont have to remove your mother's name from the property, it will automatically be removed.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

i already have a death certificate ,should i apprach society OR are there any legal requirements -what do we have to include in the indemnity bond?

You may submit an application to the society along with the death certificate and legal heirship certificate to the society requesting them to remove your mother's name from the record of registered owners of the flat/house property.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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