• Death of co-owner of Freehold DDA flat in Delhi

My mother and I are joint owners of a DDA flat in Delhi. Flat was converted from Leasehold to Freehold in 2015. My mother passed away in 2016. What is the procedure of changing the ownership of the flat in my name ? Thanks for a quick reply.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1) For transfer of registration in case of death.

The following documents are required to be submitted:

Affidavit on Non-judicial stamp paper of Rs. 10/- regarding survived legal heirs from the transferee duly attested.

Indemnity Bond on Rs. 100/- non-judicial stamp paper from the transferee duly registered.

Registration certificate in original.

Fixed Deposit Receipt in original.

Death certificate in original.

Undertakings two on non-judicial stamp paper of Rs. 10/-duly attested

Photograph and specimen signatures of the transferee duly attested.

Documentary evidence of relationship i.e. attested photo copy of:

Ration card.

Passport, etc., or

School Leaving Certificate, etc.

2) For Transfer of allocation/Allotment of Flat in case of death

The following documents are required to be submitted:

Affidavit regarding survived legal heirs from the transferee on Non-judicial stamp paper of Rs. 10/- duly attested.

Relinquishment Deed on Rs. 100/- non-judicial stamp paper duly registered.

Undertaking from the transferee on non-judicial stamp paper of Rs. 10/- duly attested.

Indemnity Bond from the transferee on Rs. 100/- non-judicial stamp paper duly attested

Death certificate in original.

No Objection Certificate from the employer/Govt. loan paying agency, if house building advance obtained.

Documentary evidence of relationship i.e., attested photocopy of :

School leaving certificate duly attested by the gazeeted officer, or

Passport, etc.duly attested by the gazeeted officer, and

Ration card duly attested by the gazeeted officer

For SFS flats bank guarantee duly renewed if applicable.

Photograph and three signatures duly attested of the transferee duly attested by the gazeeted officer

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. You and your late mother are holders of 50% share in the flat

2. after the demise of your mother, her 50% share in the flat will go to her legal heirs i.e. widower and children

3. so depending upon the number of legal heirs she has, you too will have a share in your mother's 50% share

4. you will have to apply to the High Court for grant of letters of administration

5. once you are granted the letter of administrator in which you are appointed as administrator, you will have to transfer the respective shares of the legal heirs of your late mother in their favour by executing transfer documents, with permission of the court

6. for becoming the sole owner of the flat you will need the NOC of other legal heirs of your late mom. In that NOC they will have to release their rights in your favour

7. once the transfer deed is executed in your name, you become the sole owner of the flat. Thereafter you can have the other records changed

8. if your building is managed by the society, then some society do not insist for letter of administration and instead issue a public notice in local newspapers inviting objections from the public against the transfer of flat to the applicant's name

9. if no objection is received then society does the transfer against execution of an indemnity bond by the applicant in its favour

10. but go for the above procedure, that is, skipping the letter of administration, only if you are very sure that there are no claimants who would make a claim in future to the flat

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Are you the only legal heir of your mother?

Please answer the aforementioned question which would enable me to provide you suitable advice.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

On demise of mother your father , you and your siblings are legal heirs of her share in property

2) apply for mutation of mother share in name of legal heirs

3) enclose mother death certificate

4) latest receipt of payment of property taxes till date

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

In that case, you'll have to apply for succession certificate. A Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased who dies without leaving a will. It is granted by the court to realize the debts and securities of the deceased.

After the grant of succession certificate, you can apply for mutation of the property in your own name.

Feel free to consult.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Since you are joint owner after her death since there are no siblings get the property mutated in your name. Provide copy of the death certificate of your mother. Some states do require submitting of succession certificate in such case apply for succession certificate and after it is granted apply to the concerned authorities to mutate the property in your name.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Then you would be only legal heir

Apply for mutation of flat in your name

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

After the death of your mother, the half share of your mother would vest in her legal heirs. You have not mentioned how many brothers and sisters you have. If you are the only legal heir, then there is no need to get the name changed in DDA. After the conversion of property from leasehold to freehold, there is no need to get mutation in DDA. Get it mutated in your name with MCD by enclosing death certificate of your mother. In case you have other legal heir, then get a relinquishment deed (RD) from him/her in your favour in respect of 1/2 share of your mother and you would become the owner of entire flat by virtue of CD read with RD.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

See since you are only child and there is no other legal heir apply for mutation and transfer of ownership in your name . File an application for mutation with the Municipal authorities along with the death certificate of mother , affidavit and other identity proof and family rasan card the authority on verification shall mutate your name in the records.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since there is no legal heirs other then you you donot need a letter of administration as there is no probability of any dispute.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You can go with my 2nd number point above .

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If you are the only child and there are no other legal heirs left by your late mother, then you will get the letters of administration easily from court. But the procedure will take time. Appoint a local lawyer and get it done

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Apply to DMC for transfer of ownership along with death certificate and declaration , that your only child and mother was widow. Attach death certificate of both.

Or apply for Legal Heir Certificate at local tehsildaar, and attach copy of that too with transfer application.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. File a proper affadavit with the death certificate, with the relevant authority and request for deletion of name of mother.

2. IF above works, well and good, OTHERWISE obtain Succession Certificate /LA from the local court and THEN apply to the relevant authority for 100% transfer of property in your name.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

It can be transferred after taking NOC from the other legal heirs apart from you of your mother. IF there is no other legal heir except you then it can be transferred by attaching the death certificate.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Your mother's share of properties shall devolve equally on all her legal heirs which includes you.

If the other legal heirs execute a registered release deed relinquishing their rights in the property, you will become the absolute owner of the property

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

My mother is widowed since last 38 years. I am the only child.

If that is the case, you may submit an application for mutation of property in your name based on the death certificate and a legal heirship certificate.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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