Hello, My father, Hindu by religion, passed away a few months back. He had made no will. My mother had also passed away a few years back. My father had bought and was the sole owner of a flat in Maharashtra. I am my parent's only son. I had applied for a legal heir certificate at the local tehsildar & also for the subsequent mutation in the land records. Both procedures have been done. So what I have now is 1. Copy of 7/12 document. The 7/12 document does not mention my name, father's name, Flat no etc.. It only has the name of the society and the chairman. It however does mention the last mutation done on the 7/12 and mutation number. The last mutation no is the same as the number on the legal heir certificate 2. The legal heir certificate. The legal heir certificate clearly mentions the society name, flat number, my father's name, my name as the only legal heir etc. Now , the society might go in to redevelopment soon, and I have been suggested that these documents might not be enough as proof of ownership. Hence, I had the following queries: 1. Would these 2 documents be enough to sell or get in to a redevelopment agreement in the future ? 2. Can I approach the sub-registrar and using the legal heir certificate, get the Flat transferred to my name ? 2. If not, will a letter of administration be enough to get the flat transferred in my name ? If yes, what is the process and the approximate time required to get a letter of administration. Also will the Legal heir certificate be useful in getting the letter of administration ? 3. Or is there any other way to get the flat transferred to my name ?
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1) approach society to transfer flat in your name as legal heir certificate reflects your name as legal heir
2) sub registrar office would not transfer flat in your name
3) if society refuses to transfer flat in your name then you need letters of administration from district court having jurisdiction
4) LA would be sufficient for transfer of flat in your name
Obtain NOC from Society for transfer of your name in the office of Sub-Registrar paying dues if any. With the NOC you can get property transferred in your name. Submit copy of registered transfer deed to registrar with an application seeking transfer of share in your name. Your name will be added in the share certificates rounding up to name of deceased owner. After that you can sale the flat or execute any redevelopment agreement.
1. Yes for redevelopment it's enough. For selling the buyer may ask for succession certificate
2. It will be transfered through will. If not will then with noc from all legal heirs.
3. Time required is max 8 months for letter of administrative or succession certificate
As said above are only ways.
Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
1. The property should be mutated to your name on the revenue records hence you can apply for mutation of revenue records to be transferred to your name, once again.
2. This is work related to the revenue department and not the office of the sub registrar.
3. Letter of Administration is granted to the beneficiaries after they apply to a Court of law having competent jurisdiction. Letter of Administration entitles the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death
Time taken for disposal of the case for this cannot be predicted owing to various factors.
The legal heir certificate shall be issued by Tehsildar/sub-Registrar of area your father permanently resided. Furnish copy death certificate family rasan card identity card along with the application for legal heir certificate it shall be granted in period around one month or before.
Thanks & Regards
Thank you all, learned counsels, for your valuable suggestions. A follow up to my previous question. I now have the following documents: 1. The legal heir certificate. 2. I had approached the society and they have issued me a Letter of Acceptance as a member of the society with a NO Objection Note to the transfer of the flat from my father’s name to mine. They also will be transferring the share certificates to my name. 3. I am also in the process of getting the property mutated to my name in the revenue records. Can and if yes should I, now approach the sub registrar with the Legal heir certificate and Society acceptance plus NOC letter, to get a Transfer Deed (from my father to me) registered ? Or will the combination of the Legal Heir Certificate, Society acceptance plus NOC letter and the mutation records be sufficient for future selling/ redevelopment agreements of the property ?
The legal heir certificate , transfer of flat in your name in society records and mutation records are sufficient for future sale of property
As the property automatically devolved on you as the sole surviving legal heir to your deceased father to succeed to his immovable asset, i.e., the flat in question, there is no necessity to get a registered transfer deed to your name, besides who will execute the transfer deed to your name, there has to be a person to execute the transfer deed and there is should be person to accept it, both the tasks cannot be done by a single person, i.e., you cannot execute a transfer deed unto yourself.
It is not valid and not acceptable by the sub registrar.
The mutation records transferred to your name will establish the clear and marketable title to you on the basis of the legal heirship certificate obtained by you.
Therefore after getting the mutation records to you name, you can be silent about it without pursuing anything more in the name of transfer of property to you.
Mutation can be done on basis of the above documents
Dear Client,
Mutation is the change of title ownership from one person to another when the property is sold or transferred. By mutating a property, the new owner gets the title of the property recorded on his/her name in the land revenue department and the government is able to charge property tax from the rightful owner.One needs to get mutation done and get the new owner details updated in the revenue records maintained by civic bodies like Municipalities, Panchayats or Municipal Corporations.
Thanks & Regards