Probate is mandatory in Mumbai. Better execute gift deed is easy and smooth transfer of title. 

Hello, it depends upon future situation also and the will comes into operation only after death of will maker. Ensure that your parent have updated nominations for the property in the housing society records. While a nominee is not the legal owner, it helps in the interim management of the property until the probate process is completed.

OR

If you dont want to get into technicality of probate then it is recommended to simplify the transfer process by having the property in joint names. If your parent include your and your sister's names as joint owners, the property can pass to the surviving joint owners without needing probate.

OR

For more safest option (to bypass from risk of toxicity in relationship with sister) I would recommend you to ask your parent for HIBA. Although HIBA does not require registration but it would be best if same is written on Non-judicial Stamp Paper, Notarised and Attested by 2 independent witnesses. This will ensure that if in future any dispute arises then you can have some more evidence in your favour.

Thanks!

Rajveer Singh

Advocate

There is no such deed. After demise of parents, you and your sister inherit 50% share each in parents property. than you can mutate the property on the basis of legal heir certificate. 

Dear Client,

I am glad to learn that you are fully supportive of the plan and that your family has full support for it. Here are detailed answers to your questions to help simplify the process of estate transfer:

First, regarding the registered will: In Mumbai, only a registered will can guarantee how your parents’ property is to be utilised due to the legal recognition of the will. Still, if ownership of a certain property, like a house in a society, is to be transferred, the will usually has to be probated. Probate, therefore, acts as the legal approval of the will and formal validation of the executor’s capacity to manage the estate. This can sometimes be viewed as a somewhat bureaucratic and lengthy process, but it helps to make certain that the will is fully legally binding, and it is a process that, if required, can be completed without any form of dispute. In this regard, it is wise to seek the services of an attorney to explain the probate procedures in Mumbai and any other associated issues.

Second, if there are local provisions for what is called ‘ a transfer on death’, deed, your parents can consider making one, and through this, they could avoid probate court after their demise. It permits the property to be transferred to the beneficiaries through an assignment; hence, there is no need for the intervention of the probate court upon the owner’s death. consequently, they may consider establishing a trust. In this way, your parents can set terms on how the property should be split or turned over to you and your sister without the need for probate. A trust is an entity affiliated with a trustee; this would be responsible for the distribution of tangible and intangible assets as dictated by the terms of the trust deed.

Ultimately, you and your sister can manage the property distribution without going through probate by entering into a family arrangement deed following the death of your parents. A mutual agreement among family members regarding the distribution of property is reflected in a family arrangement deed. By entering into this arrangement, the official probate process and its attendant costs may be avoided. To avoid future problems, it is imperative that the deed be well-drafted, unambiguous, and legally enforceable. In order to make sure that the family arrangement deed is enforceable and accurately represents the intentions of all parties, legal counsel should be sought out during its drafting and registration.

If society insists you will have to apply for probate of will 

probate is judicial proof that will is genuine 

Property does not automatically get transferred in name of kids 

Apply to society for transfer of flat in name of beneficiaries mentioned in will 

enclose death certificate of parents 

copy of registered will 

Best option is for parents to execute registered gift deed during their lifetime in name of you and your sister 

If a Muslim testator has not appointed an executor under his will, it is still valid

If voluntary probate is still desired, the beneficiaries can apply to the relevant court for a grant of LoA

If voluntary probate is still desired, the beneficiaries can apply to the relevant court for a grant of LOA.

Assuming that you are a Muslim by religious denomination, note that a will executed by a Muslim testator is not subject to the compulsory probate requirements under law. This would be a subject matter of Mohammedan personal law (which differs in its application among Shias and Sunnis). If a Muslim testator has not appointed an executor under his will, it is still valid.

If voluntary probate is still desired, the beneficiaries can apply to the relevant court for a grant of Letter of Administration (LoA). The court on receiving satisfactory proof of valid execution of the will issues a LoA to the beneficiary who will then perform the duties of an administrator of the estate. An LoA may be granted to one or several people who may apply to the court, but note that the categories are broad and not limited to the heirs of the deceased. The beneficiaries are at liberty to attend the court proceedings but attendance of each and every beneficiary is not compulsory. It will be a matter of personal choice. Prior to the final grant or order and early in the process, the court is required to grant an opportunity to the beneficiaries to raise objections, if any.

If you don't prefer the Will, your parents can transfer the property by Hiba as per their desire.

This transfer is also legally valid.

If there's no dispute between you both, you can amicably settle the matter as per your decision and contents 

In the event of Will is already made, you have an option to ignore it and can go for an amicable settlement or partition.

A Muslim cannot bequeath entire property through a Will.

One third property only can be bequeathed through a Will 

Registered WILL doen not make more difference as such in case of probate... Joint Ownership in WILL is the option where probate is not required as such.

Yes you may go for Hiba-ba-Shart-ul-Iwaz. 

It can be conditional settlement deed in which they can have Life interest and the property shall be distributed to both of you after their lifetime 

Yes conditional gift deed can be executed wherein you agree to maintain your parents during their lifetime and on their demise you would be absolute owner of property 

Dear Client,

That's good, as it is usually advisable to do the same as it is safe for one's future. Given the steps you’ve already taken, here’s how you can further simplify property transfer:

1. Joint account: Having a joint account with an "either or survivor" statement is a smart step. This ensures that the surviving account holder can access the funds after the death of the new account holder without legal impediments or probate requirements

2. Registered Will: Your parents have done well in creating a registered will. A registered will is a strong legal document that will help them successfully transfer assets as they wish. It is advisable to keep a certified copy of the will and ensure that it is easily accessible.

3. Avoid Probate: While a notary will make the process much easier, in order to avoid probate again, you may want to consider having your parents execute a "Transfer on Death" (TOD) deed for your w 'property, if appropriate in your jurisdiction. This document allows you and your sister to transfer your assets directly after your parents die and pass probate.

By taking this step, you can ensure a smooth and easy transfer of assets, reducing the need for title deeds and legal complications.

Yes

- As per the Section 212(2) of the Indian Succession Act, 1925, Muslims is not bound to apply for Probate , and it is optional and not mandatory.

-  Further, as per the Supreme Court , petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator , and no probate is necessary for Christian and Muslim Wills.

- However, Probate establishes the genuineness of WILL, and it stops future disputes.

- Further, the registration of a Will is not mandatory , and it can be written on any paper in the presence of two witnesses.

- Further, if the Will is registered from the office of registrar, then the legal heir can apply for mutation in their name even without probate 

- The best way of transfer the property is gift deed , which can be executed during life time and which is non-challengeable from any corner.