• Transfer flat from father's name to mother's name as father expired in 2000 without a will

My father expired in year 2000 without a will, We have a flat in GOA which is still in his name with no nominee written on the sale of deed of the flat. What would be the procedure to get the flat and the share certificate of the flat in my mother's name.

My mother is paying the flat charges to the society thru cash from the year 2000. We are three brothers who are married and are ready to help her to get the flat in her name.
Asked 1 year ago in Property Law from MUMBAI, Maharashtra
Religion: Christian

1) mother should apply for and obtain letters of administration from Bombay high court . Notice would be issued to legal heirs

2) enclose consent affidavit of all 3 sons

3) father death certificate

4) if there is no contest your mother would get LA in 6 months

5) then apply to society to transfer flat in your mother name

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

All of you brothers should give disclaimer in favor of mother and get her name mutated in the register of municipal books.

Please consult a lawyer of your area and get mutation done in favor of mother.

Sushil Jha
Advocate, Patna
283 Answers
2 Consultations

5.0 on 5.0

1. you will have to make an application to the High Court for grant of letters of administration to administer the estate of your deceased father

2. all the legal heirs will have to give their NOC/consent for appointment of an administrator

3. even you can apply to be appointed as an administrator

4. once the letters of administration are granted, the appointed administrator will execute a transfer deed in favour of your mother, with the 3 brothers acting as confirming or consenting parties, to this transaction

5. no stamp duty is payable on above transfer deed because it is merely a transfer in favour of the legal heir and not a sale or transfer

6. once the aforesaid transfer deed is executed in the name of your mom, she can submit the same to the society which can then mutate the share certificate to enter her name as society member and thus she will become owner of the flat

7. you need to inquire in your state what is the applicable court fees payable on the above petition for grant of letters of administration

Yusuf Rampurawala
Advocate, Mumbai
4458 Answers
25 Consultations

5.0 on 5.0

1) You have to get legal heirship and succession certificate from court and apply for the same in the society for transfer of share certificate.

Ganesh Kadam
Advocate, Pune
7480 Answers
65 Consultations

4.9 on 5.0

Property cannot be without the title holder as you and your mother along with any other legal hair is the title holder and all the title holders if relinquish their rights in favour of your mother then you can transfer the flat in your mother's name

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

Dear Client,

Succession will open in GOA where property is situated, By virtue of occupancy of flat and NOC from all brothers, flat will transfer in the name of mother.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

1. Make proper application to the Society, attaching following documents:

a) Proof of relation between husband & wife (marriage certificate, ration card, PAN & Aadhar ....)

b) Original Death Certificate of deceased

c) Transfer Forms and Fees, as applicable

d) Indemnity Bond of ALL legal heirs, indemnifying the Society, for transfer of membership

2. The above documents are legally sufficient for the Society to transfer the membership of deceased to the of the Mother (wife of deceased)

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

This is my response to you:

1. Since your father died intestate you will have to apply for succession certificate from district court;

2. Collect all the documents which needs to be submitted to the court;

3. After that since you and your brother do not wish to claim, then you all 3 have to give an NOC;

4. Take the certificate and NOC and approach the registering authority;

5. Once you do then make the mutation entries in the property records.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive).

First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.

After making enquiries, the Tehasildar will issue the legal heir certificate.

On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.

However, you want that the property should be registered in your mother's name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. The Relinquishment Deed will involve very small stamp duty and registration fee.

Once such a Relinquishment Deed is registered, then your mother can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in her name.

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

See first of all with an application signed by 3 brothers and mother along with death certificate apply for the mutation of flat in 4 names. when it is done all 3 brothers can make a relinquishment deed in favour of the mother and the flat can be completely transferred in her name.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

1. First of all you shall have to collect the legal heir certificate for your late father's properties.

2. thereafter all te other legal heirs shall have to register a relinquishment deed in favour of your mother.

3. Once the relinquishment deed is registered, your mother can apply for transfer of the sahre of the Co-operative which still stands in the name of your late father.

Krishna Kishore Ganguly
Advocate, Kolkata
22518 Answers
594 Consultations

5.0 on 5.0

First of all you three siblings are to execute a registered release deed relinquishing your rights in the proeprty in favor of your mother after which you all the three may have to give NOC to the society to transfer the share certificate of the flat to your mother's name.

You may have to enclose the death certificate along with an application for transfer to the society.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

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