• How to inherit mother's share in a co-owned property

I bought a flat with my mother as co-owner. I have fully financed it and still paying the EMI. My mother passed away around 7 years back. I have a brother and a sister. On requesting the society to add my wife's name as a nominee and/or co-owner on the society certificate, they refused to do so. Someone told be to get a succession certificate. I'm on good terms with my brother and sister and both are co-operative as of now.
Kindly guide on how can i make sure that in future my siblings do not ask for a share in the property against my mother's share.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

1. Well, in support of actual line of descendant many public or private authority insists on Succession certificate as the same testifies on the number of legal heirs a particular person leaves behind.

2.So if the Society asks for the same there is nothing illegality in it.

3. However do note that on death of your mother you, your brother and sister will each inherit her undivided 1/3rd sahre from her 50% share in the proeprty.

4. So on production of the succession certificate the society will issue share certificate in the name of your siblings only and not in the name of your wife.

5. However you can ask for making your wife nominee in respect of the your own 66.66.% share in the flat.

Devajyoti Barman
Advocate, Kolkata
19618 Answers
278 Consultations

5.0 on 5.0

1) you can have legal heirship from court for immovable property and for movable property succession certificate.

2) After entering all legal heirs name on flat, aftetward you can make POA, OR WILL on your name from your siblings.

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

Kindly ask your brother and sister to make a relinquishment deed in your favour for there share. And get the deed registered after that the complete title will be in your name and they cannot claim that in future.

A relinquishment deed is a deed by which the person give up his all rights on property.kindly refer the link below for all you need to know about relinquishment deed https://www.google.co.in/amp/s/blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/amp/#ampshare=https://blog.ipleaders.in/all-you-need-to-know-about-relinquishment-deed/

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

There is no such provisions in law. Until unless one has left a WILL property is to mutated to all the legal heirs. However willing share holders can transfer by release deed

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

1) Succession certificate is only for movable debts and securities

2) You need letters of administration from Bombay high court in your name as legal heir

3) your siblings can execute consent affidavit

4)you would get LA in 6 months or so

Ajay Sethi
Advocate, Mumbai
74625 Answers
4464 Consultations

5.0 on 5.0

As you are the co owner of the flat with your deceased mother and further you are paying the EMI.

In this situation , you have right on the 50% share of the property plus 1/3rd share in the mothers share i,e totallying approx 67% of the share in the property.

Further your wife can be nominate as co-owner in your share but having no right in the share of your deceased mothers share as per law of inheritance,the property will devolve upon all the class 1 legal heirs.

The society has asked you to produce succession certificate to legalize the share of your brother and sister share.

Succession Certificate is required when somebody inherits any immovable or movable property under the various relevant Laws in the country.

Further , Succession Certificate is always granted for debts and securities of deceased and not for immovable properties.

Your brother and sister should execute Relinquishment deed in favour of you for leaving their share in the property.

Mohammed Shahzad
Advocate, Delhi
2605 Answers
35 Consultations

5.0 on 5.0

No, they can’t get anything out of it as it is totally financed by you though her name is there as co owner, but it doesn’t give a right to them to ask for the share.

And no need to get the succession certificate as it is for those you want their share in any property, but in your case you are the actual owner not getting out of your mother share.

Sanjay Baniwal
Advocate, South Delhi
5209 Answers
12 Consultations

5.0 on 5.0

Hello,

You may ask them to give a relinquishment deed in the favour of your wife or in your favour.

Once the same is fiven then thwy can not claim the share later.

Also if at anytime they claim any share and approach the court you may take the defence that entire payment has been ade by you.

Also for getting the share transferred to your wife name a succession certificate has to be obtained.

Regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

Just your mother being a co-owner shall not entitle your S&B to claim a share unless it has been proved that your mother inherited the property or acquired through her earnings or funded to acquire the immovable property. There are judgments to support your cause.

Succession certificate is required only to enjoy the movables of the deceased like interest, securities, rent, FD etc., and not for transferring the name in the societies register.

Rajaganapathy Ganesan
Advocate, Chennai
1711 Answers
8 Consultations

4.9 on 5.0

You cannot make your wife as a co-owner of the property without she acquiring any share in the property

Since your mother was a co-owner,upon her intestate death her share of property will devolve equally on all her legal heirs i.e., your siblings and yourself.

Your siblings have to execute a registered release deed relinquishing their rights in your favor.

After that you shall become the absolute owner.

Then you can execute a registered gift deed by gifting a portion of property on her name,so that she will become a co-owner

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

1. EXECUTE a duly stamp duty paid and registered Family Settlement Deed, with strategic clauses, where the legal heirs shall relinquish all their claims on the said property. This would be more than sufficient for all future legal needs and the Society would also conduct the necessary proceedings based on the said deed. No need for any Succession Certificate or Probate or LA.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
4366 Answers
23 Consultations

5.0 on 5.0

Who was the nominee in the flat. If you were nominee then you will become first owner after death of mother. Society needs to transfer the same in your name under section 30 of MCS Act. Then you can nominate your legal heir i.e. your wife. If society is not doing it file a complaint to Dy. Registrar for the same.

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

Sir kindly read my reply carefully first. I asked you about nominee for some reason. You were co owner I know which you have mentioned. But you haven't mentioned nominee. Secondly now when your mother died you became 100 percent shareholder. Now you can nominate your wife as nominee. File the same in appropriate form. If society refuses complaint to Dy Registrar as adviced earlier.

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

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