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.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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
Dear Sir/Madam,
The brothers’ NOCs alone are insufficient. First identify all legal heirs; if either parent is alive, their rights must also be considered under Section 15 of the Hindu Succession Act.
If the surviving sister and two brothers are the only heirs, execute a registered family arrangement/release deed transferring their inherited rights to the surviving sister. Thereafter submit the death certificate, legal-heir proof, registered deed, Form Y-5, indemnity bond and original share certificate to the society for transfer.
Advocate Saurabh Agrawal
Dear Sir/Madam,
Please note that in the present case there will 03 surviving members/legal heirs of the deceased sister i.e. one is married sister and other 02 will be the brothers. You are suggested to make a surviving member/legal heir certificate from the concerned SDM/Tehsildar office regarding the deceased sister. Thereafter, prepare one relinquishment deed by both the brothers regarding their share in the said flat in favour of the married sister. Thereafter, approach the concerned revenue authority of change in 7/12 khata and recording the name of the married sister alone as the sole owner of the flat.
The answer depends on the personal law applicable to the deceased sister and whether your parents were alive at the time of her death. Assuming she was a Hindu, died unmarried and intestate (without a Will), and her parents had predeceased her, her 50% share would not automatically vest in the surviving sister. Under the Hindu Succession Act, her legal heirs must first be identified. If she is survived by one sister and two brothers, all three would ordinarily inherit her share in equal proportion. Therefore, the surviving sister cannot directly get the entire 50% share merely because the brothers have no objection.
If the two brothers genuinely have no objection, they may execute registered Release Deeds (Relinquishment Deeds) or Gift Deeds in favour of the surviving sister in respect of their inherited shares. Before that, the society will generally require a legal heir certificate or succession certificate (where applicable), the death certificate, indemnity documents, and compliance with its bye-laws. Once the release deeds are registered, the cooperative society can mutate the shares and membership in the name of the surviving sister, subject to its documentation requirements.
If, however, the deceased sister belonged to a different personal law (for example, Muslim, Christian, etc.), or if either parent was alive at the time of her death, the succession would be governed by the respective personal law, and the legal heirs may differ. Therefore, the first step is to determine the applicable law of succession and identify the legal heirs before proceeding with the transfer.
Dear Client, Since your unmarried sister passed away without a will her 50% share of the properties governed by the laws of succession under the Hindu Succession Act when a woman dies without a will her property is inherited by her heirs in a specific order of priority Since she was unmarried and had no children her heirs are her parents if they are deceased her share would typically devolve upon her siblings that is the surviving sister and the two brothers in equal share Therefore legally the 50% share does not automatically go entirely to the surviving sister rather it is divided among the surviving siblings unless the brothers explicitly renounce their rights.
To transfer the share to the surviving sister the two brothers must execute a registered relinquishment deed or release deed in favour of the surviving sister This is a legal document where the brothers formally give up their respective inheritance shares in the flat without receiving any consideration Once this deed is executed and registered at the local sub registrar’s office the surviving sister becomes the legal owner of the entire property you will need to submit this registered deed along with the certified copy of the death certificate and an affidavit stating the legal heirship to the Cooperative Housing Society to initiate the official transfer of the share certificate and membership.
The housing society will then process the transfer by updating their records and issuing a new share certificate in the name of your surviving sister You should also approach the local municipality authority or land records office to ensure the property tax records are updated to reflect the sole ownership Since the society’s primary concern is ensuring a clear chain of title and verifying that no other legal heirs have been omitted it is wise to obtain a legal heir certificate or succession certificate from the local authorities to formally prove the list of heirs. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou
All the surviving brothers and sisters have to release their claim of 50% undivided share in the property in favour of the other co-owner (sister) by duly executing and registering a deed of relinquishment. Please engage a competent advocate to draft the relinquishment deed suitably for you.
