• Transfer of joint property after death of one co-owner

There is a joint property on my Mother and father name, meaning both their names are present in the sale deed. I have one sister and one brother. Now my father has expired. 

There is no will or a nominee registered for this property. Please guide process to transfer the entire property to mother. My grandfather passed away 10 years ago. However, my grandmother is still alive and stays with my uncle. Does she have any claim in the property by the law of land? 

Since the property is based in Mumbai, suggest the points that in line with law applicable in Mumbai.
Asked 1 month ago in Property Law
Religion: Hindu

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11 Answers

1. your parents are the co-owners of the property

2. both have equal 50% undivided share in the property

3. after demise of your father, his 50% share will devolve on his legal heirs

4. as per law, his legal heirs are his mother, widow and children

5. thus your father's 50% share will go to his mother, your mother, yourself and your 2 siblings equally

6. consequent to the above your mother's share will increase from 50% to 60% and the balance 40% will go to your GM, yourself and your 2 siblings having 10% share each

7. for transfer in society records, most society will ask you to submit a legal heirship certificate or a letter of administration

8. however if there are chickens sitting in the managing committee of the society then they take some stupid affidavit or indemnity and ask the applicant to issue some public notice and then transfer the flat to the name of the desired person after considering the NOCs of other legal heirs, which is a completely misconceived procedure

9. the procedure at point no.7 is expensive but confers a proper title whereas the procedure adopted by some stupid societies as per point no.8 is cheap and confers no proper title. The person would face issues in future if he has to sell the flat 

10. the petition for heirship certificate or LA has to be made in the Bombay High Court 

Yusuf Rampurawala
Advocate, Mumbai
6157 Answers
50 Consultations

5.0 on 5.0

On father demise your grand mother , mother , you and your siblings have equal share in property 

 

2) your siblings , grand mother can execute gift deed for their share in property 

 

3) then apply to society to transfer father share in mother name 

 

4) in alternative apply for letters of administration from high court in mother name 

 

5) other legal heirs can execute consent affidavit in mother name to relinquish their share in property 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5156 Consultations

5.0 on 5.0

 

Approach the municipal  authority and fill up the prescribed form correctly affixing court fee stamp of Rs. 2/- enclosing the following  document…

  1. Copy of the sale/title deed
  2. Affidavit on stamp papers of 100 rupees.
  3. Indemnity bond on 100 rupees
  4. Copy of  Aadhaar Card
  5. Property tax receipts
  6. Copy of death certificate of the owner.
  7. There is nominal mutation fee between Rs. 2 to 20.
  8. The consent notarized affidavit in your case of two brothers and sister on 100 stamp paper.

Municipal  official will physical verify the possession of property and give a report. Basing on the report from will be mutated within a period of one month.

 

Ravi Shinde
Advocate, Hyderabad
796 Answers
7 Consultations

5.0 on 5.0

- Since that property is in joint name , then legally your mother having right over the half share , and further , the half share would be devolved upon all the legal heirs including your mother equally. 

- Hence, you all have 1/4 th share in the property , as you are 2 brothers and one sister 

- Further, you three can release their respective share in favour of your mother after executing a Relinquishment deed to make her single owner of the property  . 

-  No, your grandmother having no right over the property , even after the death of your father. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

The share of your father in the property shall devolve equally on all his legal heirs if he is reported to have died intestate.

The legal heirs will include his wife, children and mother.

If all the legal heirs agree to relinquish their rights in the property in favor of your mother, then they all can jointly execute a registered release deed relinquishing their rights in the property.

This will make yor mother an absolute owner with clear nd marketable tittle to the entire property

T Kalaiselvan
Advocate, Vellore
72168 Answers
1078 Consultations

5.0 on 5.0

Dear Sir/Ma'am

Since your father did not leave any will the property will be divided following the rules of Hindu Succession Act. Under it Your mother, you and your siblings will be entitled to an equal part of the property, all of you will fall within class I heirs. Your grandmother being class II heir is not entitled to get any part of the property.

To transfer property in you mothers name you will have to apply for mutation of the property (it is to get the same registered in govt documents) at the local municipal office, they will ask you for certain documents and NOC from the other class I heirs, you can ask them to guide you with the required documents. For mutation of property in Mumbai you can visit  mumbaisuburban.gov.in.

Thank you

  • For more assistance, you can book a consultation with me.
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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

Succession certificate is only in respect of movable property 

 

2) mother of deceased has share in the property 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5156 Consultations

5.0 on 5.0

1. Who is that someone? 

2. Mother is a legal heir of the son. 

Yusuf Rampurawala
Advocate, Mumbai
6157 Answers
50 Consultations

5.0 on 5.0

1. The legal heirship certificate would suffice the requirement of transferring the immovable property from the name of the deceased to its successors in interest.

2. Mother of deceased son is one of the legal heirs and is entitled to an equal share at par with the other legal heirs, hence she cannot be ignored.

 

T Kalaiselvan
Advocate, Vellore
72168 Answers
1078 Consultations

5.0 on 5.0

Dear Sir/Maam,

Succession certificate is necessary if there was no will made, even in case of co operative housing society. If the property was self acquired and sirs/maam's father passed away without leaving a will the property will be divided on the basis of provisions of  Hindu Succession Act, similar to how ancestral property is divided. In both cases  class 1 heirs will get a share of the property. The mother of the deceased can claim a share of the property, keeping that in mind it is advised that filing of a NOC or release deed should be  discussed with sirs/maam's  grandmother, giving up her claim to such share.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

.

Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

Pls contact us on below mention address. Consultation prior appointment.

 

Vardhamane & Associates
Advocates & Legal Consultant
High Court, Mumbai.
Mr.Bhushan A Vardhamane.
Mrs.Shashi B Vardhamane.
Off Add:161-B,Swadeshi Mill Road,
Opp Shivaji Maidan, Nr.Railway Station, Chunabhatti (East),
Mumbai - 400022
Mob: [deleted].
Email: [deleted

Bhushan Adinath Vardhamane
Advocate, Mumbai
11 Answers

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