• Transfer of property under my name after father's demise

Hi,

I bought a flat in Pune which is registered under my father's name (I was abroad that time so I paid money to my father and he bought under his name as I was unable to come to India). Unfortunately my father expired last month and there is no WILL written on the flat. I have my mother, brother and sister in family.

My Questions:

1) What is the procedure to transfer the flat under my name ? 

2)  We live in Rajasthan so can we get the legal formalities done locally at my hometown or we need to travel to Maharastra (or Pune) since flat is in Pune ?

Please advise.

Thanks,
Asked 1 year ago in Property Law from Udaipur, Rajasthan
Religion: Hindu
1) on your father demise you have 1/4th share in flat 

2) your siblings and mother can execute deed of relinquishment in your father so that flat can be transferred in your name . deed of relinquishment or gift deed has to be duly regd in pune where flat is situated 

3)you will have to come to pune along with your siblings and mother for fulfillment of transfer formalities 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
Hi, after the demise of your father all the legal heirs of your father become a joint owner of the property so your mother, brother and sister has to execute release deed in favour of you so that you become the absolute owner of the property.

2. All the legal formalities has to be done in Pune only.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The flat is registered in favour of your father. As a corollary thereto, after his demise without a will, his legal heirs i.e his widow and children have succeeded equally to the  property. So your mother and all her children have an equal share in the flat. 

2. The only legal manner in which the ownership of flat can be transferred to you is if your mother and siblings execute a relinquishment deed in your favour. The deed of relinquishment can be executed in your hometown but it can be registered only in Pune i.e where the property is situated.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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Enclose a copy of the death certificate of your father along with NOC from your mother, brother and sister addressed to the local municipal authority seeking for a mutation into your name from the name of your father.
In case the Municipal authorities do not accept this and demand for a Legal Heir certificate or succession certificate, then you must file a P & SC case before the jurisdictional civil court at Pune while making your mother, brother and sister a formal party and then obtain the said certificate from the court.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
1) What is the procedure to transfer the flat under my name ? 
Since the property lies in your father's name, all his legal heirs  have to execute a registered release deed relinquishing their rights in the property in your favor, after which along with the death certificate and legal heirship certificate from the revenue department, you may approach the society for transfer of flat int your name and also register the property in your name through the jurisdictional sub-registrar's office. 



2)  We live in Rajasthan so can we get the legal formalities done locally at my hometown or we need to travel to Maharastra (or Pune) since flat is in Pune ?
The release deed formalities can be executed at Rajasthan itself but other formalities are to be carried out in Pune or the within the jurisdiction where the property situate.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. If your siblings and mother execute a deed of gift or relinquishment deed then you become its exclusive owner as with the death of your father you have become its 1/4th share in it.
2. The deed of gift or relinquishment is to be done in Pune only.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0

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