• Transfer of property

I have a flat in Vashi, New Mumbai jointly with my Late husband. It is a self- acquired property and Iam the 1 st holder of the property with my Late husband as the second holder. Both my husband's parents are no more.. Now how do I transfer the 50% of the share of the property which is standing in the name of my Late husband in my name. Should this process have to take place through Court. I do not have any issues.
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

1. Assuming that your husband died intestate ( without executing a WILL), then the property would devolve equally to you and your children (if any). In case you have no issues, then since your mother-in-law is also no more, your deceased husband's share devolves entirely to you, thus you becoming the sole owner of the property.

2.  By producing the death certificates of your husband , your mother-in-law and the certified family tree, the Society can directly transfer your husband's 50% share to you, making you 100% owner.

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Legal heirship certificate can be obtained through the Court by you appointing independent Advocate, who may not be on the panel of Society, thereby the cost would come down.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You need to obtain letters of administration from district court 

 

2) legal heirship certificate is not for immovable property. It merely identifies who are legal heirs of deceased 

Ajay Sethi
Advocate, Mumbai
99834 Answers
8148 Consultations

 

Society can transfer flat on indemnity bond being executed 

 

legal fees vary depending upon lawyer engaged by you 

 

courts fees for LAisRs 75000

Ajay Sethi
Advocate, Mumbai
99834 Answers
8148 Consultations

 

Legal fees quoted by lawyer are reasonable 

Ajay Sethi
Advocate, Mumbai
99834 Answers
8148 Consultations

In absence of the parents and children, the widow gets the entire 50% share of the late husband as a class 1 legal heir 

In order to complete the flow of title to this 50% share you will have to apply for an heirship certificate by filing a petition in the Court 

The court fees is 75000 plus advocate fee and clerkage 

So the society is right 

However you can save on the court fees if the society is ready to transfer the 50% to your name and mutate the share certificate in which you would be the exclusive owner 

You can give an indemnity to the society for this transfer and also state that you will obtain the heirship certificate in due course 

Since the society would have already transferred the shares in your name the court fees of 75k will not be required and only Rs 250 has to be paid towards court fees 

However you still have to bear the lawyer fees and clerkage 

You can book a paid phone consultation with me to know the process in detail. Please note that this is NOT solicitation. This is only pursuant to your request to know about the costs involved in the process. You are free to engage any lawyer of your choice. 

 

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

No need to take legal heirship certificate from court. It may obtain from tahsildar office as well.

But if you have other documents like marriage certificate, ration card etc than the property will transfer on your name 100%.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You are the class I legal heir of your husband, especially in the absence of his mother, you are exclusively entitled for the share of your deceased husband in the jointly owned property. 

Now you have to first obtain a legal heirship certificate through the revenue d department confirming the legal heirs of your deceased husband.

After that you can apply for transfer of revenue records of the share of your deceased husband in the jointly owned property to your name .

Once the revenue records are held solely on your name, you will become an absolute owner with clear and marketable title to the entire property.

 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2497 Consultations

There is no requirement to approach court for this purpose.

Once you got the revenue records of the property transferred  exclusively on your name, you can submit an application to the society to issue a share certificate on your name alone by removing the name of your deceased husband from the register of the society.

You may have to attach the copy of the death certificate, copy of the legal heirship certificate and the copy of the revenue records on your name along with an application to the society in order to get the share certificate on your name alone.

 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2497 Consultations

There is no necessity to approach court for legal heirship certificate.

The advocate probably is talking about the succession certificate.

The succession certificate is necessary only for transferring the movable assets of the deceased and not for the immovable property.

You can ignore the society's advise to engage the particular advocate.

In fact you do not have to approach any advocate for this purpose.

With the copy of the death certificate you ca approach the concerned Tehsildar requesting to furnish a legal heirship certificate giving the details about the legal heirs.

After getting it, you can submit an application to society as suggested in my previous post.

If the society is still insisting on any other formalities through an advocate then you can issue a legal notice to the society and can drag them to consumer forum for deficiency in service and unfair trade practice. 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2497 Consultations

Dear Client,

If you and your spouse owned a joint property then in case of your husband’s death the property rights will be transferred to the surviving spouse, i.e. the wife (you). You just need to obtain the death certificate, and existing ownership deed to the court.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Society can only transfer the flat when there is no legal heir and society knows the fact. Only death certificate is needed and noc from legal heris if any. Succession is not needed in society's transfer

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Hi Hope you having a good day!

I am assuming your late husband died intestate (i.e without making any registered will)

Since your late Husband died intestate, you need to obtain Letter of Administration from Bombay High Court.

Letter of Administration is required to transfer movable and immovable assets of the deceased.

Heir ship Certificate is not required for immovable property, it merely identifies who are legal heirs of deceased.

 

 

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

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