• Removing fathers name from ownership flats

Dear Sir,
My flat is in Mumbai and having following joint name (ownership flat)
1st. is my name
2nd.is my father’s name (Father Decease)
3rd, is my mother’s name.

Now, after my father death, I wanted to remove his name from the shares certificate.
I have one brother and sister; they are not giving there's consents and my father not made any will.

What is the procedure for society to removing father name from the shares certificate?

Regards,
Ronak Shah
Asked 4 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Who has purchased the flat ? IF you than submit payment proof to society and ask them to trasfer father name with you. Name dose not delete.

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

Dear sir 

You can do that by producing death certificate of your father if necessary along with legal heir certificate.It will be entered in the joint names of all the legal heirs unless management of the society has any other rules.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4899 Answers
149 Consultations

5.0 on 5.0

On father demise his one third share in flat  would devolve on your mother , you , your brother , sister 

 

2) your siblings can file suit for partition to claim their  share in the flat 

 

3) apply to society to delete father name in share certificate 

 

4) enclose his death certificate 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

See after demise of father in his share all legal heirs including your brother and sister shall.have equal right that is in one third share of father you shall have equal share.

You need relinquishment deed and consent from brother and sister to get flat transfered in your name.

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

you cant remove your father name from the shares certificate. since he died as an intestate, his share on the flat 1/3 will be equally shared by his legal heirs, i.e. your mother, you and your brother and sister. 

unless he settle his share or wrote a Will infavour of you, you cant remove your father name from the share certificate.

 

Shiva Bharathy
Advocate, Chennai
75 Answers
1 Consultation

4.0 on 5.0

1. father has 1/3rd share in the flat

2. on his demise that 1/3rd share will devolve on his legal heirs who are his widow [your mother] and 3 children eqaully

3. thus each legal heir has 1/3 x 1/4 = 1/12th share 

4. therefore the present shareholding of the flat will be as follows - 

mother - 1/3 + 1/12 = 41.7%

you - 1/3 + 1/12 = 41.7%

your brother - 8.33%

your sister - 8.33%

TOTAL = 100%

5. So father's name cannot be deleted from society records like this because that will amount to infringing on the pro rata rights of your siblings in the flat which they have inherited from your father

6. however if in the sale deed, there is a mention that your father paid no consideration for the flat and his name was included only by way of family arrangement then your siblings will not have any right in the flat

Yusuf Rampurawala
Advocate, Mumbai
4819 Answers
29 Consultations

5.0 on 5.0

- Since, the said Flat is in your, father, mothers name , hence as per law , no body is having right in your share, 

- But, after demise of your father , his share will be distributed amongst all his legal heirs ,including you.

- Without consent of all legal heirs , society will not remove your fathers name as a sharer of the said Flat.

- Even, if fathers name will be deleted, but you alone will not become the owner of his share.

- Try to convince other siblings and take affidavit /relinquishment deed from them, and submit the same with death certificate with the society. 

Mohammed Shahzad
Advocate, Delhi
1431 Answers
23 Consultations

5.0 on 5.0

CONSIDER THE FOLLOWING:

1. Following are the ratio share of the Flat owners:

a) Yourself: 33.33%

b) Father: 33.33%

c) Mother: 33.33%

2. AFTER demise of Father (intestate, without WILL) the Fathers 33.33% share shall be divided (under the Hindu Succession Act) in EQUAL PROPORTION involving Yourself, Mother, Brother & Sister (referred as "residual legal heirs of deceased Father")

3.  IF consent letter is not possible, THEN you will have to file for "Letter of Administration" thru the Mumbai High Court, for Father's Share of 33.33%.

Hemant Agarwal
Advocate, Mumbai
3387 Answers
19 Consultations

5.0 on 5.0

Hello, 

If they are not giving NOC then you will have to file a declaration suit in the court of law and get a declaration that you are the survivor and that your name be be entered in his place.

If they have any objection then in that case they have the right to clam their share. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
17378 Answers
277 Consultations

5.0 on 5.0

After death automatically the nominee and legal heirs name come on record. If you are nominee it will come on record but you will need noc. If they don't give you noc you need to apply for succession certificate

Prashant Nayak
Advocate, Mumbai
15888 Answers
28 Consultations

4.6 on 5.0

Hi,

It is suggested that you write an application to society for issue of a fresh share and attach death certificate of your father and previous share certificate.

Ganesh Singh
Advocate, Delhi
3429 Answers
9 Consultations

4.5 on 5.0

You need consent from all legal heirs of your father for getting share certificate transfer on names of you and your mother. 

Otherwise you can remove father's name and Insert the name of all legal heirs for equal shares from 1/3 share of your father. 

Mohit Kapoor
Advocate, Rohtak
5917 Answers
2 Consultations

5.0 on 5.0

U will have to get Noc from your brothers and sisters or else u have to make the succession certificate claiming that you are the only legal heir left and that your name is already in the share certificate

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

Your father's name cannot be removed without the consent of all the legal heirs even if you may produce the death certificate before the society.

The other siblings of yours have to give NOC to your application seeking to remove your father's name.

Your siblings have a right in your father's  share in the property similar to yours.

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

This is my response to you:

1. You will need to obtain letters of administration;

2. Or you can obtain a release deed wherein your siblings transfer the property to your name;

3. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1864 Answers
3 Consultations

5.0 on 5.0

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