• Transfer of membership in case of a joint ownership

My mother passed away few years back. My home is jointly owned by Me and My Mother. The property is in Mumbai but I have shifted to Hyderabad for Work Purpose. I Keep getting Emails from My Society for Transfer of Membership. Could you please let Me Know the Fees and Documents required for Transfer of Ownership from My Mother to Myself. Also if I Can get this Transfer Done in Hyderabad as I am Busy with Work and Don't have Time to Come to Mumbai.
Asked 2 years ago in Property Law
Religion: Hindu

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6 Answers

Did your mother leave any will 

 

if so apply for probate of will from Bombay high court 

 

3) if mother died intestate apply for letters of administration from Bombay high court 

 

4) then apply for transfer of mother share in your name 

 

5) enclose death certificate,probate order ,or LA 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

- If your mother has died without intestate , then her share in the property would be devolved upon all his legal heirs equally. 

- Hence, if you are only the legal heir then you can submit the death certificate and a legal heir certificate dully issued by the Tehsildar before the society to transfer the membership on your name completely. 

- Further, if there are more legal heirs then they can release their respective share in your name after executing a relinquishment deed in your name , and you can submit the same without the legal heir certificate .

- Since, the property is based in Mumbai, then these documents should be issued from the local office. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

You have to obtain legal heirship certificate of your deceased mother's legal heirs from revenue department within the jurisdiction where your mother is reported to have died. 

Then  all the legal heirs have to relinquish their rights in your deceased mother's share in the property by executing a registered release deed. 

After that you have to get the revenue records pertaining to your deceased mother's share of the property transferred to your name. 

Then with the copy of the death certificate,  legal heirship certificate,  release deed,  mutation records,  you submit application for transferring the share certificate to your name by complying with any other required formalities. 

You may have to comply with the above said formalities at Mumbai only. 

T Kalaiselvan
Advocate, Vellore
90008 Answers
2496 Consultations

i am assuming that you are the only surviving legal heir of your mother

so her 50% share will devolve on you and you would become the 100% owner

you will have to obtain an heirship certificate from the Bombay High Court for declaring you as the sole legal heir of your late mother

this heirship certificate will have to be submitted to your society after which the society will have to delete the name of your late mother on the share certificate 

if you cannot be in Mumbai you will have to give a POA to someone to sign and verify the petition on your behalf and for doing various acts for effectively transferring the 50% share of your mother to your name 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Dear client,  

The transfer of ownership in a jointly owned property after the passing of one owner typically involves the legal process of mutation or transfer of membership in the housing society. The specific fees and documents required may vary depending on the rules and regulations of your housing society and the laws in Maharashtra.

Here are some general steps you may need to follow:

Obtain a copy of your mother's death certificate.
Contact your housing society in Mumbai to inquire about the specific fees and documents required for membership transfer.
Complete the necessary application forms provided by the housing society.
Pay any applicable fees and charges for the transfer.
In some cases, it may be possible to initiate this process remotely, but it's essential to confirm with your housing society and potentially consult with a legal expert in property law in Mumbai for specific guidance.

Since you've moved to Hyderabad, you might consider consulting with a lawyer in Hyderabad who could assist you with the process, even if the property is located in Mumbai. They may help you understand the legal requirements and assist you in coordinating the necessary documentation and processes.

 

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

Society transfer will require the death certificate of your mother and filing forms with society.

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

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