Residential ownership flat in the name of two sisters 50-50 percent share of each of them in property. One sister is married and alive. Second sister unmarried passed away last year without any will. How to transfer passed away sister’s 50% share to alive sister’s name in the society? Passed away sister’s family(2 alive brother) have no objection in this deal. What are the procedure to transfer the 50% share of property from deceased sister to the alive sister in the cooperative society.
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You can apply for and obtain legal heirship certifcate or letters of administration from bombay high court
2) your 2 siblings can execute registered relinquishment deed to relinquish their share in flat
3) approach the society to transfer flat in your name
4) enclose death certificate of sister , legal heirship or LA, registered relinquishment deed
5) society will insist on public notice inviting objections from public
6) if no objections are received society will transfer flat in your name
It appears that the sister died a spinster
So there is no spouse and issues (children)
It appears that the parents of the sister predeceased her
So her heirs would be her siblings
Her 50% share would devolve on her 3 siblings
So they can transfer their share to the living sister by registering a release deed
This should be sufficient for the society to transfer the flat exclusively to the name of the living sister
The registered release deed alongwith share transfer forms can be submitted to the society to effect the transfer in the share certificate
The stamp duty on release deed is Rs. 200 only. Registration fee would be nominal. Registration agent charges upto 10k and advocate professional fee for preparing the documents depends from advocate to advocate
Let the two brothers (assuming that only two brothers and one alive sister were the siblings for the deceased sister) execute a registered Release/ Relinquishment Deed in favour of the alive sister in the jurisdictional Sub Registrar's Office. By doing so, the deceased sister's 50% (Fifty) percent share would be transferred in alive sister 's name. After registering the Release/ Relinquishment Deed, let it be produced to the co-operative Society, which recognises the transfer and makes the alive sister, as sole absolute owner of the property (100%).
The legal heirs of unmarried deceased sister have rights to a share out of her share in the property if she is reported to have died intestate.
Under Sections 15 and 16 of the Hindu Succession Act, 1956, the legal heirs of an unmarried Hindu female who dies intestate (without a will) depend strictly on the source of the property.
For property she earned herself, received as a gift, inherited from anyone other than her parents, or left to her via a will, the general order of succession under Section 15(1) applies. Since she has no husband or children, the property moves down the statutory ladder in this specific order of priority:
Firstly, upon the Mother and Father: If both are alive, they take the property equally. If only one parent is alive, that surviving parent takes the entire estate.
Secondly, upon the Heirs of the Father: If both parents are dead, the property goes to her father's legal heirs (e.g., her brothers, sisters, or stepmother).
Lastly, upon the Heirs of the Mother: If there are absolutely no surviving heirs on the father’s side, the property finally goes to her mother’s legal heirs (e.g., maternal grandparents, maternal uncles/aunts).
In you case if your parents are predeceased then er share in the property shall devolve on her siblings of both the genders, who are the legal heirs of her father.
If your male siblings would like to relinquish their rights in the property they should execute a registered release deed in your favor after which you can apply for transfer of revenue records with he local revenue department and then apply for transfer of share in the society by annexing the death certificate, copy of the release deed and a copy of the revenue records on your name.
A family settlement deed will be required in which share is transferred to one sister or letter of administration from court. If there is a nomination then noc from the brothers and indemnity bond will also work without above requirements
