Dear Client,
Through testamentary succession, you are absolute owner, registration of WILL not mandatory.
Are my Society documents upto date?
A flat in which I am currently living is registered (purchase agreement) jointly in my name and my father’s name. After my father expired on providing required documents my society transferred share certificate in my sole name from joint names. My question is, in future when I wish to sell this flat, are above documents enough or do we need to prepare any further documents? For your information: - In my father’s WILL he has gifted this flat to me. This WILL is not registered. - My mother is still alive. Please guide.
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
You need to get the will provided by testamentary court as that is mandatory in case of wills in the state of Maharashtra.
Without that, you cannot be deemed as sole owner of the property and cannot sell the property.
1. the Will left by your father is required to be compulsorily registered in view of s.57 of Indian Succession Act
2. for that you will have to file a probate petition in High Court
3. your mother has to give her consent affidavit accepting the Will as genuine Will of your father
4. after the court department/registry completes all the formalities, which takes around 6-8 months, a probate certificate will be issued to you
5. then the administrator appointed by court under the above probate grant has to execute and register transfer deed in your name and thereby transfer the 50% share of your father to you as per his direction in the Will
6. only on getting such a registered transfer deed, will your title to the flat become clear and marketable enabling you to sell or mortgage it in future
7. mere mutation of your name in society records and share certificate does not confer any ownership right or title on you in respect of the 50% share of your father in the flat
If will is there then using the will and share certificate and also get flat mutation in your favour based on the will in your favour from municipal authority you can sale the flat using will and above documents that is share certificate and mutation document.
Apply for probate of will
2) probate is judicial proof that will is genuine
3) on father demise mother also has one fourth share in flat
4) mother can execute consent affidavit in HC when you file for probate
These documents are enough.
Better probate the will for safeguard in future litigations.
1) You have to registered flat details to transfer on your name in revenue department and BMC office, electricity bill etc.
2) For revenue department title change means property records will update to state government.
3) BMC records title change means on property tax receipts your name will appear. Same way like in electricity company.
If your father had bequeathed his share of property to your name then you may obtain a legal heirship certificate and and apply for mutation of your father's share of property to your name after which you will be an absolute owner of the entire property.
Getting the share certificate transferred to your name alone will not confer title to entire property to you name.
Hi,
You are suggested not to break the head because you are the real owner of the flat at present and there would be no complications in sale from you.
