Mother passed away, transfer her property to my name
My Mother passed away without a will. She has a flat in a registered housing society in Mumbai. I have my father and two brothers, I being the eldest. There are no other relatives. All my grandparents have passed away as well. I want to transfer the flat to my name. My father and brothers have no objection to it. What steps have to be taken now. Should I contact the building secretary or should I get a legal heir certificate or anything else. please guide me.
Asked in Property Law from Mumbai, Maharashtra
Hi, your brothers and your father has to execute release deed in favour of you so that you become the absolute owner of the property based on that you can transfer the property in your name.
1. First collect the legal heirs certificate for all of you,
2. Then get a relinquishment/Settlement deed executed and registered in your favour,
3. With the copies of the legal heir certificate and the relinquishment deed, file an application to the BLRO for changing your name as the owner of the property.
1) for transfer of flat I'm your name your father and 2 brothers have to execute gift deed or relinquishment deed in your name
2) mere NOC of father and brothers is not sufficient
3) further you have to execute indemnity bond for transfer of flat on your name in favour of society
4) contact society secretary in this regard
1.Your father and brothesr can execute a deed of gift in your favour for transferring their 1/4 share each in your name.
2. Alternatively they can make deed of relinquishment as well releasing their 1/4 share.
3.Once that is done you can apply to society for issuing share certificate of the flat solely in your name.
In absence of a will , your father and two brothers will be eligible to get a share.
All of them (your father and brother) should submit a relinquishment/ settlement deed for transfer of property and you should get the same registered at Sub-Registrar office. At the time of registering the property, ensure to have the legal heir certificate appended to the deed. Once the settlement deed is done, you can also apply for transfer in Housing society.
Your father and two brothers are required to execute a relinquishment deed in your favour if you wish to become the absolute owner of the flat. Thereafter, the share certificate can be transferred in your favour.
For transferring the shares of the property in your name, all the other legal heirs namely your father and two brothers have to execute a NOC in your favor, if the society demands legal heir ship certificate you may obtain one from Tahsildar office. You may obtain the form for transfer of shares from the secretary of the society.
For registering the property in your name, yo may obtain a registered release deed from other legal heirs in your favor by they relinquishing their rights in the property.