• Father passed away without will and nomination in my flat

Sirs,

My father passed away without making a will and nominating any name for our flat. How can i get the same transferred in my name 

Name on property - Only my fathers name, my moms name is not there as second holder. She is still with us

Type of property - Flat in CHS at Mumbai

No. of children : We are 4 of us, 3 sisters and myself

Do i need to get succession certificate ? 

Can i get format of Indemnity bond to be given to society, my 3 sisters are willing to give the NOC and if required sign the indemnity as well
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Firslty, as you have stated sir that you father has passed away without any will.

Secodly, and also this is not the case where anyone’s name has been there as second holder in the flat.

Thirdly, yes, you all would have share in the property including your mom also.

Fourthly, you have to have that succession certificate to claim your right over the same.

Fifthly, for this you all need to apply before the civil court of law.

Sixthly, once you get that then your sisters may give NOC as for their respective shares.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

hello

if your father died without making a will then the movable and immovable property which was his, will be shared by 5 of you, 4 children and your mother.

if your sisters are willing to give the NOC then things become much easier as you need to get a succession certificate and file the NOC and get the flat transferred.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Succession Certificate is required only to realise liquid assets not immovable property.

2. You should apply for transfer of share certificate in favour of your father's legal heirs i.e mother, yourself and your 3 sisters. Unless the other heirs issue a NOC in your favour the share certificate cannot be transferred to your name alone as you are not the absolute owner.

3. You are free to engage a lawyer from this portal to draft the NOC/Release Deed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Client,

As per intestate succession, flat will inherit in by 1/5th share each.

To get the flat transfer in your name, sisters and mother either have to execute release deed or gift deed in your favor to make you sole owner of flat than apply for transfer of flat in your name.

Succession certificate not needed.

Indemnity bond for what purpose.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have to apply for and obtain letters of administration from Bombay high court as your father died intestate

Succession certificate is only for debts and movable securities

If society agrees then flat can be transferred in mother name on basis of indemnity bond and noc of daughters

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

You can transfer the same in mom's name and file death certificate with society. Once it's transferred in mom's name then you can be nominee. Also file NOC of all legal heirs for transferring the same in mom's name

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

1. You will have to obtain Letters of Administration from the Bombay High Court

2. The Court will appoint an administrator who will then transfer the shares of legal heirs of the deceased by executing transfer deeds in their favour

3. For the LA, you will have to file a petition in Court and pay court fees of Rs. 75k (other charges excluded)

4. the LA grant will take 6-8 months

5. your sisters and mom can become confirming parties in the transfer deed by which the administrator will transfer the flat to your name

6. the transfer deed will have to be registered

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

The property in the name of your deceased father shall devolve equally on all his legal heirs you, your siblings and your mother since he is reported to have died intestate.

For transfer of share certificate to your name in the society you have to obtain legal heirship certificate and give an application along with the death certificate requesting to transfer the certificate to your name .

You have to attach a NOC jointly executed by your mother and your sisters in your favor for this transfer.

For transferring the same through registrar's office, all the other legal heirs should execute a registred release deed relinquishing their rights in the proeprty in your name.

For further details you can consult a local advocate who will be able to guide you properly on all such further issues.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

You along with your siblings and mother can file a joint application for mutation of property in your all names with the death certificate of the father. The authority shall transfer same in your name based on mutation and death certificate you can get the share certificate transferred.

If the municipal department ask then in that case you have to get Letter of administration the Succession certificate is not required but they shall rarely ask as no dispute,

Sir after mutation the sister to transfer flat in your name has to make an relinquish deed mere NOC wont transfer the flat.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Since Father passed with making a WILL of his properties, the following options may be exercised:

a) File for Letter of Administration (LA), before the Testamentary Division (High Court). Based on this LA, you may execute further documentations to transfer property to a person/s, as may be decided amongst all the residual legal heirs of the deceased.

.OR.

b) Execute a proper Stamp Duty paid Registered "Family Settlement Deed", with strategic clauses & related documentary evidences, for Transferring the deceased's property in pre-decided person or person/s names. This will be sufficient for all futuristic legal purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No, a succession certificate (granted under Part X of the Indian Succession Act) is only granted vis-a-vis moveable properties in cases of intestate succession. Since we are talking of an immoveable asset, you are going to have to apply for a Letter of Administration instead. You can ask them to support you in your application for LOA.

Further, you would do well to opt for a proper relinquishment or release deed insofar as the reliquishment of your sisters’ claim is concerned. Have it drafted by a competent advocate so as to ensure it properly articulates your mutual understanding.

I hope that answers your question. Have a nice day!

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

By the bye, your mother also has a stake in the property as she is a class 1 heir like the rest of you under the Hindu Succession Act.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

Hi,

You need to approach the society office with relevant documents such as death certificate of father and your id and residence proof and request for transfer of that flat on your name.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir,

You should apply for succession certificate at Bombay High Court. After which the flat will be transferred in the name of your mother and she may then transfer the flat amongst her children.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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