• Rights to transfer fathers property

We have a SRA flat in my father's name in Mumbai and who expired in 1998. We got that flat around 2002 in his name (more than 10 year passed now).

My mother expired in 1988 after my father had 2nd marriage. For my mother we are 4 (me and 3 elder sister(married)).

My small mother has one son (not married) and one daughter (married). we all lived together. I did marraige for my sister.

My small mother has only Adhaar card mentioning his husband's (my father's name with address of this house) name.


Now to change the house in my name what is the procedure. First transfer it to her name then transfer to my name or I can apply to transfer the property to my name directly.

if I am applying to transfer directly who are all has to sign in NOC (my sister and 2nd wife's son+ daughter) ?

what is the involvment of association in this case

Please advise
Asked 4 years ago in Property Law
Religion: Hindu

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22 Answers

1. You can execute a Duly Stamp Duty paid Registered "Family Settlement Deed". Such Deed should have proper strategic clauses in your favor and MUST be jointly and mutually signed by ALL the Legal Heirs of the Deceased (whosoever).

2. The above would give you irrefutable and irrevocable Title-Rights over the deceased's property and shall have clear title, for futuristic legal purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

hello,

your father died intestate and hence the property will be distributed to all of his heirs which are--- you and your 3 siblings, your stepmother, her children(2), i,e. a total of 7 people.

therefore in order to transfer the flat in your name, you ought to obtain NOC's from 6 people.

the building association normally has no role to play in it unless there could be a clause in the associations' rules and bye-laws which have to be looked into. but I don't think that there would be a problem.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

On father demise you have one seventh share in flat

2) gift deed or relinquishment deed has to be executed by the legal heirs to transfer flat in your name

3) deed should be duly stamped and registered

4) society would then transfer flat in your name

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. For transferring the title of the property standing in the name of your late father, only NOC executed by otherv legal heirs will not suffice.

2. All the legal heirs of your father including your small mother, shall have to register a Relinquishment Deed duly relinquishing their rights on the said property in your favour.

3. Thereafter you can apply for mutating your name for the said property by applying for mutation enclosing copy of the said Relinquishment Deed.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

This is my response to you:

1. Since you all the legal heirs, all the right over the property;

2. Now to name it under your name, you will require the NOC of all the adult family members of your father;

3. They will also need to execute a indemnity bond on stamp paper;

4. You should also take out an advertisement in two papers inviting claim on the property;

5. Then you can approach the registrar and do the mutation entry.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

Your step mother has to gift the property and duly register it .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1) You all are legal heirs after your father.

2) first get all legal heirs name on the flat as per the rule.

3) Than make relinquish deed on your name from each of the legal heirs signed on it and get registered in the registrar office.

4) Than the property will get transfer on your name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

There is no involvement of the association in this case.

The consent of the second wife and the other legal heirs will be required to get the property transferred to your name directly.

Get a succession certificate from the court.

Kindly get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

The crux of the issue raised by you lies between admitting or not admitting your step mother as family member. You can take both stands. If she is not considered as family member because she was married during the life time of first wife of your father, which is illegal. You can eliminate her from the family heir ship certificate and get transfer in to your names (children of first wife only. Orelse you may get it changed either in the name of step mother for joint names of all of you including your step mother her major children showing her as guardian of minor children. You can convince the Association, if not agreed you may approach the Deputy Director of Department of Cooperative Societies and/or High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Firstly ot will get transferred on the name of all the 7 legal heirs. Then after that they have to make a registered gift deed ir relinquish deed to transfer the share in your name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your father's marriage is legal in life of first wife hindu cannot marry second wife after demise of first wife second marriage can be done. Your step mom along with her children shall have equal share in the property

No the association is not.telling right procedure as other legal heirs can claim wife along all legal heirs have equal share.

So all have to relinquish there share.

If sisters cannot be present then they can send a POA I.e. power of attorney in your name or mothers name to execute and register relinquishment deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your fathers remarried after your mother demise

2) she woukd ha e equal share in property

3) has your father married her during subsistence of earlier marriage she woukd not have share in property

4) on father demise flat does not devolve on step mother . She is only one of legal heirs

5) it is in your interest that gift deed or RD by your sisters be stamped and registered

6) mete signature on NOC is not sufficient

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hello,

The hindu law does not recognise second marriage when the first is already subsisting. Your father maari if when your mother died. If he had marries when your mother W's still alive his second marriage would have been void. But then too the law says that hey would get a share in his self acquired property.

It is ok if your sisters sign and NOC and give it to you.

A simple procedure would be that your stepmother also sign a noc and give it to you.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Yes sir it is very right that the second wife should not get anything irrespective of the fact that whether she became 2nd wife before t the first one demise or after that.

But, the children of the second wife also would have all equal rights as for the children of the first one.

So, accordingly you may need to have the NOC from them.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Simply get relinquishment deed in your favour from all the legal heirs if all are ready to do the same.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Your second mother also has a share in the property.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

This is in further response to you:

1. Second wife will also have share in the property;

2. After husband death, if wife is the nominee then it will go only to her, but as per law all legal heirs (i.e. Class I legal heirs will be the owner);

3. These are the categories of Class I heirs: Class I: Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son; 1[son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son.

4. Therefore you all are the owners;

5. Yes if your sisters give their NOC it is enough, and only your step mother and you are present is good enough.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) In gift deed you have to pay tax to government and in relinquish not.

2) So its better to get all legal heirs name on property and than make relinquish deed and get it registered.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. In your case your small mother has got equal right on your late father's property being his legitimate wife.

2. It is not a fact that "after husband's death, the property normally goes to wife". It is inherited by all the legal heirs of the deceased person.

3. All the legal heirs of your late father including your small mother, shall have to register a Relinquishment Deed duly relinquishing their rights on the said property in your favour.

4. While registering the said Relinquishment Deed, all the executants shall have to be present before the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The second wife does get the share.

If they sign the document and send the same to you it will be enough.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Now to change the house in my name what is the procedure. First transfer it to her name then transfer to my name or I can apply to transfer the property to my name directly.

if I am applying to transfer directly who are all has to sign in NOC (my sister and 2nd wife's son+ daughter) ?

what is the involvment of association in this case

Since this property belonged to your deceased father, after his intestate death, it devolves equally on all his legal heirs consisting you four and your step mother and her two children totalling seven.

If you want this property to be transferred to your name alone, then all the other six people have to execute a registered release deed relinquishing their rights in the property to your name.

After this they have to execute a NOC to the association to transfer the share to your name.

On completion of the said procedure you would become an absolute owner of this property

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

As per Hindu law 2nd wife will not get any share - but my father married 2nd wife after my mother's death - for my case how it can apply

She is legally wedded wife and she si entitled to a legitimate share in her husband's property as his widow.

Association said bellow. is this right procedure?

With the share certificate my stepmother can request to do the name transfer to her name - after husband's death it normally go to wife. Once its transfer to her name, then she can execute a gift deed to transfer on my name

The association is incorrect in its opinion. As per law, all the legal heirs have equal rights in the proeprty, hence dont believe rumours.

All my sisters living in Tamil nadu after marriage - if they sign the document and send it to us is enough. During the registration or transfer only me and my stepmother physical present is enough

They all have to be physically present before the registrar's office for executing a registered release deed.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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