• Transferring property (non agricultural land and house) on my name

Iam Muslim from Maharashtra (Palghar) n my father died recently without will so I want to know how I can transfer Non agricultural land n house on my name. I don't have sibling, just me n my mother. This Non agricultural land with house was given by govt as a part of rehabilitation as our entire village was taken by govt for building power plant. How 7/12 extract (Saath baara) will transfer on my name.
Asked 4 years ago in Property Law
Religion: Muslim

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

58 Answers

Apply to talathi for mutation of land in your mother and your name 

 

2) enclose your father death certificate 

 

3) latest receipt of payment of property taxes 

 

4) if no objections are received mutation would be done in your names 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

You have to first contact to Rehabilitation department and get NOC from them to get property inherited on your name and then follow procedure of revenue department.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

On death of the propositus intestate legal heirs automatically inherit the property by operation of law of succession. 

What probably you want to know is to mutate your names in the revenue records of the property. 

This you can do on the basis of death certificate and legal heirship certificate. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Apply for the transfer to the land revenue office along with the death certificate of your father. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Apply for legal heir certificate at tehsildaar (malmatdar) office. You and mother are joint owner but your % of ownership of more than mother.

Than in the basis of LHC, apply for mutation. Land will transfer in your and mother name jointly.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- The 7/12 Extract Document is an extract from the land register of any district, maintained by the revenue department of the state government of Maharashtra. 

- Further, it is only the land record for revenue purpose and it can be used to show the possession rights of the land.,hence title cannot be transferred on the basis of 7/12,

- After the death of your father , this property would be devolved upon you and your mother.

- If you want to transfer in your name , then take a Release deed from your mother , then move application before the Local talathi for mutating your name, after enclosing the earlier documentary  proof of the property with the death certificate of father.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

1. The estate of a muslim dying intestate devolves under the Islamic law upon his heirs at the moment of his death i.e. the estate vests immediately in each heir in proportion to the shares ordained by the personal law and the interest of each heir is separate and distinct. Each heir is under the personal law liable to satisfy the debts of the deceased only to the extent of the share of the debt proportionate to his share in the estate.

2. Under the Muslim law, distribution of property can be made in two ways, firstly per capita or per strip distribution. Per – Capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs. The heir does not represent the branch from which he inherits.

3. The entire land cannot be transferred to you unless your mother executes a gift deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can do mutation in records by filing your dads death certificate and following transfer procedure. You need to give noc if some other legal heir is present in the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Hii greeting of the day.

You have to make an application and fill the form availabe at thasil office of you locality for transferring the saath bara... With addition to that you need make and affidavit and obtain an Noc from ur mother etc. And submit the same to the thasil office along with death certificate of your father. And any lawyer of your locality will help you for the same.

All the best

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Since your mother is also one of the legal heirs of your deceased father and is a successor in interest to succeed your deceased father's estate, she may have to execute a registered release deed in your favor relinquishing her rights in the property after which you can become an absolute owner of the entire property with clear and marketable title to your name.

Once this is done, you can apply for transfer of revenue records to your name.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

1.  All the residual Legal Heirs of Father can execute a Registered "Family Settlement Deed", with mutual consent and signatures in your favor, for all rights over the said property. This Deed would be legally sufficient for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Succession certificate is only for movable debts and securities 

 

it is not for immovable property 

you should obtain letters of administration from district court as father died intestate 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. You may obtain Succession Certificate, PROVIDED you foresee any dispute amongst the legal heirs of Father.  This will be expensive and time consuming.

2. In your case you can execute a Registered "Family Settlement Deed".

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Succession Certificate is required only for realisation of liquid assets, not immovable property.

2. You do not require Succession Certificate for mutation. Apply for mutation on the basis of death certificate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Legal heir certificate is necessary but in Mumbai Mahada ask for Succession certificate. You need to contact the Rehab office and confirm with them what are their requirement so you can go according to that way. 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Sir,

You are suggested to apply for mutation with succession/legal heir certificate and the same will be done in your favour. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes if you have joint family and it's and big . Yes legally you need the scuccessiin certifacte. To do the work smoothly

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

NO SC. LHC is easy, no fees and may issue with in a week.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

In some cases it is necessary if there us no will and clarity about legal heirs. The sun registrar office will guide you for the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Yes, the legal heirship certificate is an essential document to establish the legal heirs or successors of the deceased owner in order to transfer the property to your name and your mother name. 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Succession certificate is compulsory for mutation. Legal heirship certificate is enough.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. You should first apply for legal heir certificate from your taluka.

2. After getting legal heir certificate apply for mutation of property on name of legal heirs which are you and your mother.

3. If you want properties to he onlu on your name then you can take a relinquishment deed from your mother in your favour.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- legal heir certificate is sufficient.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Yes.

Succession Certificate is required 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Since your father had died his property will go in equal share amongst his Class-I heirs i.e your mother and you.  apply and obtain legal heir certificate and execute relinquishment deed in your favour. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

A legal heir certificate is issued to identify the living heirs of a deceased person whereas succession certificate is issued to establish the legitimacy of the heirs and give them the power to inherit shares, securities, debts, and other assets that the deceased person may have left behind.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The property belongs to your mother and you. It has to be divided as per the sharia law.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Yes a declaratory suit has to be filed. Succession certificate must be filed in cases of money.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You need to make an application to the Tahsildhar for mutation of names of your mother and yourself.

The death certificate of your father alongwith copies of Aadhar cards of both you along with latest tax paid receipt need to be  submitted.

If no objection is received by Tahsildhar, the mutation will be carried out by replacing your names.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Reply to your second post:

In your case, the appropriate certificate is Letter of Administration which you will be obtained from concerned District Court as your father died intestate.

Succession Certificate will be applicable for movable properties / debts / securities, in your case, succession certificate is not applicable.

Further, your mother can give her share to you after mutation by Hiba. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

On the basis of nominations, SC will transfer in your name but mother eqaul owner. Both will act as sellers.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Nominee is only trustee for legal heirs 

 

2) your mother has equal share in flat 

 

3) your mother can execute gift deed for her share in property 

 

4) gift deed should be duly stamped and registered 

 

5) In alternative obtain letter of administration from Bombay high court 

 

6) your mother can execute consent affidavit to relinquish her share in property 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

nominee is a trustee and not the owner of the assets.Nominee is only a caretaker of assets. The nominee will only hold asset as a trustee and will be legally bound to transfer it to the legal heirs.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to get the membership of the society on your name. Means you need to be the owner, not nominee to sell the flat.

Get it transferred to your name first.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir/Madam,

Since you are the nominee of the flat, the said flat stands transferred to your name and you may sell it as as per law. You are suggested to get the papers transferred on your name i.e. property tax, etc., if any. This will strengthen your rights. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Maharashtra cooperative society act has nothing to do with the proposed sale of property. 

Even though you were named as a nominee,  you cannot sell the property individually. 

The execution of registered sale deed can be done jointly by all the legal heirs of your deceased father. 

To prove that you both are the only legal heirs you may have to obtain a legal heirship certificate from the local revenue department. 

After that you both can sell the property jointly 

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Nominee is only trustee not necessarily a owner. For ownership rights there is succession law

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1. Nominee is just a trustee of the deceased whose duty is to divide the property between the heirs according to their share. He does not succeed to the exclusion of heirs.

2. Since your father is survived by only you and your mother both of you can sell it,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

NOMINEE DOES "NOT" BECOME OWNER OF FLAT:
https://chshelpforum.com/nomination-in-chs

 

Read the above link to get a brief about Property Nominations.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Indemnity bond is necessary to indemnify society in case any claims are made 

 

2) I’d stamp paper is not available you can give indemnity bond you can do franking of the document 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

The property lying on your father's name shall devolve equally on all his legal heirs. 

All the legal heirs have to submit an application jointly to the Tehsildar to transfer the revenue records from the deceased owner name to the legal heirs name. 

If the other legal heirs decide to transfer the property to a chosen legal heir, say mother,  then they may have to execute a registered release deed relinquishing their rights in the property   after which the mother can become the absolute owner of the entire property and she can submit an application to the Tehsildar to transfer the revenue records to her name directly from the deceased owner's name. 

 

Later on she can get the share certificate transferred to her name on the basis of all these documents with the society. 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Society can ask for indemnity bond. Buy 2 of 100rs, 4 of 50rs.

Tehsildaar

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Get a higjer amount stamp like rs500 or get two stamp papers of 100 each

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can stamp your paper using franking, e-stamping.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

- If your father died without leaving any WILL, then the property left by him would be devolved upon your mother, and other member of family i.e. legal heirs of your father 

- Further, As per Co-operative Societies Act, A member can nominate a person or persons to whom his share and interest in the co-operative society will be transferred by the society in the event of his death.

- Further, the society is bound to transfer the share or interest of the deceased member to a person/s nominated, and if no such person is nominated then the committee of the society shall transfer it to such person as may appear to the committee to be the heir or legal representative of the deceased member.

- And further, the purpose of nomination is to make clear the person with whom the society has to deal upon the death of a member, and It does not create any interest in favour of the nominee, to the exclusion of those who are in law entitled to the estate of a deceased member.

- Further, the said nominee does not become the absolute owner of the property, and he is only empowered to hold the property in trust for the real owners for the purpose of dealings with the society, and further he has no power, authority or title to alienate the property to the exclusion of the other legal heirs of the deceased member.

- Hence, Indemnity bond is necessary to indemnify society in case any claims are made 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Indemnity is only given in cases where there is a suspicion that there are some other legal heirs which are present but not come forward for claiming the same. The said indemnity bond even if given will not affect you legally if you are legitimate legal heir

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Dear Sir,

There is no harm in giving the indemnity bond and mutation is done by the registrar's or revenue office only. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can sell the flat with the consent of your mother as she is also a shareholder.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. Yes single nominee of flat need to give indemnity Bond for flat transfer. 

2. Make application for mutation of property on name of legal heirs of deceased along with death certificate and legal heirs certificate of your father.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can use Rs500 stamp paper for affidavit 

 

in alternative purchase 2 Ra 100 stamp paper for affidavit 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

You can use the non judicial stamp paper for the worth of the value that has been told to you. 

The value of NJS papers  have been increased in the recent years. 

If you have any doubt you may enquire from the society about it. 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Affidavit and bond stamp duty is valid on 50rs. Demanding on 200 and 500rs is waste of money. 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

It is suggested that  whatever you have done is right and let the authorities object to the situation, then you may give stamp paper of more value otherwise the same is not needed. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

yes, You may use. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Use two of rs100 each or rs500 can also be used.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Yes stamp duty must have been amended and you should get stamp paper mentioned on online society forum. 

2. You can use stamp paper of more value than mandatory stamp value it will be valid  

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes you need to submit the same as stated above along with death certificate. 

No it has not changed in last 1 year

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

You may use a lesser amount of stamp paper citing reasons. You may later on submit the required stamp duty.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer