Hi, My father purchased 1 flat in 1985-86. He died in the year 2005. Thereafter, society transfered the shares held by my father in respect of the said flat to my mothers name. Now on the share certificate only the name of my mother is reflected. Now, she wants to sell the flat.. Can she able to sell it or is there any formalities do we need to do? To give background after father, mother me and my sister are the heirs. Since, property has already been trf to my mothers name she can independently sell the property right? Or if there is any noc from me and my sister required? Or any deed to be executed?
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on father demise your mother , you and your sister have equal share in flat
2) mother is only trustee for legal heirs
3) you and your sister can execute relinquishment deed or gift deed to relinquish your share in flat
4) it should be duly stamped and registered
Dear Client,
She can sell but POA shall be required from you and sister to authorize her to sell on your behalf as after father demise, property will inherit by 1/3rd each.
Transfer in her sole name dose not effect inheritance right.
No only society name records is transferred legally you , your mother and sister are owner of the flat in case there is no will by your father, the flat has to be transferred by mutation in favour of 3 legal heirs then you three have sign the sell deed .
Mere transfer of share in favour of your mother will not make your mother entitle to the flat on her sole right.
2. On death of your father his children along with his widow had inherited the flat in equal share unless you had relinquished your respective shares by way of a gift deed.
3. So at the time of sale the buyer will require your signature as well so the shares of all the co sharers along with your mother gets transferred to the prospective buyer.
your mother's title is not clear as letter of administration from court was not obtained
for being able to sell, you have to apply for LA from court and then have transfer deed executed and registered in her name
mere name on share certificate confers no ownership right
As your father has passed away without making a Will, Letters of Administration has granted by a competent court for distributing the estate of the deceased among the legal heirs.
After that, you and your sister would have to execute relinquishment for gift deed in favour of your mother which has to be mandatorily registered after payment of requisite stamp duty.
She can sell it withitw any further NOC on anything. As she is sole owner of the property.
OK thanks for ans. 1. It means now if we want to sell the property our names (mother, son and daughter) should be reflected in the agreement for sale as an seller? If so then how abt receiving the consideration can buyer deposite the whole amount in my mothers account? Or we should get the consideration amount equally (1/3 rd) 2. Buyers bank demanding a no claim certificate from us. I have already provided copy of ration card where clearly mentions a family tree. Would that be not sufficient? If there is any other way like can we sign affidavit or indemnity bond or any other document which proves we are only the legal heirs? I just want substitute for obtaining no claim certificate (which additional burden on me) as is there any cost effective way? Frankly speaking buyer can give news paper ad and take no claim certificate for the flat he intended to purchase to avoid any further claim or risks.
if the lender bank of the buyer is not insisting for a LA then well and good
in that case your mother can sign the agreement with buyer with other legal heirs joined as confirming parties
the other legal heirs can also execute separate affidavit cum indemnity which can be attached to the agreement for sale
but without the LA the title of the purchaser will remain defective
but since his bank is not insisting for LA, that is good for you as you dont have to incur expenses for obtaining LA from court
Depends on mutual understanding, whether mother shall receive and than give your share or directly 1/3rd each.
Apply for legal heir certificate.
Just execute POA in mother name. Sufficient.
she needs to take NOC from other legal heirs if any for the said flat. If the said flat is a self acquired property of your father and your father has given exclusive 100 percent share to your mother in his will then she doesn't have to take any noc from any one
1. All 3 have equal right over the consideration amount for your shares.
2. See the family tree certificate needs to be taken and mutation needs to be done. Further as per bank you can submit an affidavit. The buyer shall take no claim certificate.
in sale deed all legal heirs should sign
2) consideration should be paid equally to all the legal heirs
3) mere affidavit would not suffice
4) mere issue of public notice would not suffice
Your mother, you and your sister are legal heirs of your father all legal heirs having equal share.
Without consent of all legal heirs your mother cannot sell the said property.
1. No Claim Certificate or NOC or affidavit or indemnity bond or legal heir certificate is NOT going to give Clear Title of the property to the buyer and the bank will not allow mortgage of the property.
2. IF there is no WILL document of the deceased owner's share, THEN apply for Letter of Administration from Mumbai High Court, in favor of Mother, with signatories of all the residual legal heirs of the deceased. AFTER the HC decree, mother can sell property without any legal reference to the other legal heirs and the property will be cleat Title for futuristic purposes of Sale /Gift /Transfer /Donation /Mortgage /whatever ....
The share certificate of the society is not the title document.
The transfer of share certificate to your mother will not entitle her to own the entire property as an absolute owner.
Since it belonged to your father and he is reported to have died intestate,the proeprty shall devolve equally on all his legal heirs, therefore your mother shall be entitled to only one third share in the property.
To overcome this issue, you and your sister can either execute a registered power of attorney deed in your mother's name authorising her to sell this property on your behalf also, alternately you both case execute a registered release deed relinquishing your rights in the property in her favor after which she will become an absolute owner with marketable title to sell the property independently.
1. You and your sister can authorise your mother to receive the consideration amount on your behalf.
2. You may produce a legal heirship certificate besides giving a relinquishment deed to this effect.