I own a flat jointly with my father in Mumbai. My dad passed away in December. We now want to transfer his part of the ownership to my mom in the society. From the 2019 amendment to the MCS act through 154 B 13, it is clear that I can do that by: 1. Getting some proof of legal heirship to show me, my mom, and my sister are the legal heirs. 2. A release deed from my sister and me to my mother which we can register with the sub-registrar. My question is specifically about the Legal Heirship Certificate. It can be obtained from the court (12-14 months and very expensive) or from the local Tahsildar office (30 days and much cheaper). Will the certificate from the Tahsildar be enough for my situation? Thank You!
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In Bombay you have to file petition in HC for issue of legal heir certificate
it should not not take more than 9 months or so
3) tehsildar cannot issue legal heir certificate in Mumbai
4) you can obtain letters of administration from Bombay high court as father died intestate
5) you and sister can submit consent affidavit and HC would issue LA in your favour
6) HC does not issue legal heir certificate for transfer of flat
The Tehsildar is the competent authority to issue the legal heirship certificate hence the certificate issued by that authority cannot be challenged or disputed, so that is sufficient.
In this case for your father's share will get transferred on your mother's name via release deed. however your 50% share will remain as it is because you are the owner of the flat 50% sharing, for this you need to create gift deed.
You can better get legal heirs certificate from Tahsildar office.
A legal heir certificate issued by Tahasildar is as valid as issued by any Court.
Only release deed will not suffice
In order to complete the flow of title the heirship certificate has to be obtained from the Bombay High court and not from the tahsildar
In absence of an heirship certificate the title of your mom to the flat will not be clear and marketable
In order to save court fees payable on the petition for grant of heirship certificate, you can register the release deed first and then apply for heirship
By doing that the Court's registry wont calculate the court fees on the market value of the flat
Max court fee is Rs 75k
If there are other assets which your dad left then those can also be included in the heirship certificate
However for such assets you will have to pay the pro rata court fees depending on the value of such assets
It's taking time for now to get heirship certificate because there are many applications that have been filed in court after covid
Hi Good day!
In Mumbai, Legal Heirship Certificate can be obtained from High Court of Bombay only not from Tahsildar office.
For the grant of Legal Heirship Certificate, you need to file petition in High Court of Bombay and adequate court fees (₹75,000/- in most cases) needs to be paid.
It's a time consuming process and generally it takes around 6 to 12 months.
In near future if your mother decides to sell the property Legal Heirship Certificate won't be sufficient.
For selling of the property you need to get Letter of Administration from High Court.
My advice for you is,
1) Please check who is the Nominee of your flat in society records.
2) A valid Nominee is enough to transfer the flat in society records.
To transfer the name ownership of flat:-
1) Register Release Deed of yours and your sister and get the property transfer to your mother name. Please note that there is stamp duty payable on Release deed which is minimal.
Or
Get Letter of Administration from High Court.
Yes it can be obtained from court.it takes 8 months approx and expenses are 1.5 lakhs plus court fees
Thank you everyone for your responses. So far I have conflicting replies from the lawyers here: - A few lawyers recommended filing in Bombay HC to get the Legal Heir Certificate while others say to go to the tehsildar. -A couple of lawyers suggested I do a release deed first, transfer and then get a legal heir certificate while some other lawyers suggested that I will need a legal heir certificate first to transfer the property in my mother's name. - Some lawyers say that I will need a Legal Heirship to eventually sell while others say I will need a Letter of Administration to sell. So, my question is which option do you recommend: Option A. Create a release deed, register with the sub-registrar, and then register a transfer deed to my mother's name and give these papers to the society as proof to transfer in their records. Option B. First get a legal heir certificate then Create a release deed, register with the sub-registrar, and then register a transfer deed to my mother's name and give these papers to the society as proof to transfer in their records. Option C. First get a Letter of Administration then Create a release deed, register with the sub-registrar, and then register a transfer deed to my mother's name and give these papers to the society as proof to transfer in their records. Thank You!
You have stayed that you need some documentary evidence that your mother ,you and sisters are legal heirs
hence proceed with option C
Release deed itself is a transfer deed, by executing a registered release deed, you have relinquished all your rights in the property.
But the registrar will insist on the legal heirship certificate for doing this.
Therefore you obtain a legal heirship certificate from tehsildar and then execute a registered release deed relinquishing your rights in the property after which your mother will become the absolute owner of the property.
Then she can get the share certificate transferred to her name.
Option C
the steps to be followed are as below -
1. first sign and register a release deed
2. apply for an heirship certificate. if you are applying for an heirship certificate then no need to apply for a letters of administration. so you can either go for an heirship certificate or a LOA. The former is more quicker than the latter. in a petition for grant of heirship certificate the court will declare the surviving legal heirs of the deceased. whereas in the petition for grant of LOA the court will appoint an administrator from among the legal heirs of the deceased, who can administer the estate of the deceased and transfer the properties to the legal heirs as per law. the purpose of both the petitions is the same - which is to give a valid legal discharge to any person who would deal with the holder of the heirship certificate or with the holder of the LOA
3. once the heirship certificate is granted, you can submit that alongwith the registered release deed to the society for mutating the share certificate to enter the name of the mother in the society's records
4. the above steps will complete the title of your mother to the property
- A Legal heir certificate can be obtained after approaching the office of the Tehsildar or the Corporation /municipality office of the area where the deceased has taken his last breath.
- Further, if the deceased person has resided that place less than 6 months only , then a report can be obtained by the Tehsildar from the Tehsildar where the deceased was resided for more than one year.
- Further , as the said property was jointly owner by father and you , then after demise of father , his half share will go to all his legal heirs equally including you.
- Further, any legal heirs can release his respective share in the name of mother after executing a registered Relinquishment deed in favor of mother , and this deed will be registered in the office of registrar.
Dear client, you have approach Tahsildar and if it does work out then approach the court
Option C as you have immoveable property.