• Want my mother's name to add in share certificate

I and my father were the co-owner of the property ( flat ) and our name is mentioned in the share certificate. Now after my fathers death i want my mother's name who is legal heir of the share of my father to be included in the Share Certificate. What is the procedure. ?
Asked 8 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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9 Answers

did your father leave any nomination form ?any will ?

2) apply to society to transfer father 50 per cent share of flat in your mother name on basis of nomination form given by your father to society . furnish your NOC

3) if father did not leave any nomination for his share in flat apply for and obtain letters of administration from bombay high court

4) you can file your consent affidavit to issue LA in mother name

5) if father left a will apply for probate of father will

6) then apply to society to transfer father share of property in mother name

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

After the death of your father, his stake in this flat would devolve upon you and your mother in the share of 1/2 each.

Apply to add your mother's name in accordance with the above arrangement in accordance with the society bye laws. Make the application for doing this in the prescribed format.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

On death of your father your mother being one of his legal heirs will automatically inherit 1.4th share from him while remaining 1/4th will go to you considering that except you and your mother there is no other legal heir left by him.

Then on that basis your mother can apply for change in share certificate for which death certificate is required.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Make a gift deed giving 50percent of the flat to your mother. Then apply to society for adding her name.

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

It will be better to execute a family settlement Deed with your mother and other legal heirs if available and submit the same for the mutation in the Share Certificates.

It will be better if you contact a lawyer in your area and take his help.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Client ,

Your motehr need to file and application with municipal corporation for mutation of name in records.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Hi, you can file a suit for declaration in court .. The legal share of your father will be transfered to your mother

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hello,

Obtain a LOA from the Bombay High Court if no nomination has been given by the father for his share of the property, Consent affidavit is to be filed so that the LA is issued in your mothers name and then apply to the society for transfer of the share.

If there is a nomination then directly apply to the society for transfer of 50% of the share.

Also tell me if there is a will or not ?

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can submit an application along with the legal heirs certificate and death certificate to include your mother;'s name in the share certificate of the flat to the association and comply with the other formalities thereon.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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