Transfer of CHS flat to wife after husband's death
My father expired in February 2016. He owns a flat in Kharghar, Navi Mumbai in a cooperative housing society. Regarding nomination, he filled my mother's name in the member's copy of the nomination form, the other two copies (acknowledgment and society's copy are not filled) - nominee registration has not been approved in a committee meeting yet. However, the member's copy which my father had filled is present in the records of the housing society. We want to get the flat transferred to my mother's name and also mutated in her name. Our family is my father, mother and 3 daughters.
I understand that obtaining an heirship/succession certificate is a time taking and expensive process, so we would like to avoid doing that.
What is the procedure for the transfer? What documents are required and how long would it usually take? Who can I approach for getting all this done? Please help.
Asked 2 years ago in Property Law from Navi Mumbai, Maharashtra
1) nomniee is only trustee for legal heirs .
2) in your case nomination has not been approved in the managing committee nor entered in the nomination register .
3) if society is willing get flat transferred in name of your mother . all 3 daughters can submit NOC to society
4) if society refuses to transfer you would nee letters of administration from court .
5) succession certificate wont serve the purpose as it is only for movable debts and securities
The society should transfer the share certificate to your mother in view of the nomination made by her husband. For mutation you can apply to the concerned office in the city on the basis of death certificate of your father and also the marriage certificate of your parents. Succession Certificate is not required in your case. If society does not transfer the share certificate to your mother then appropriate relief can be sought from the court.
For immovable properties succession certificate from a court of law is not required, a legal heirship certificate from the Revenue department will suffice the requirement, and it is not a cumbersome process when compared to the other one.
Get the certificate, apply for name transfer of property records on your mother's name by other heirs giving NOC to this and get the records changed to your mother's name. Simultaneously, all the legal heirs have to execute a registered release deed relinquishing your rights in the property i favor of your mother and get the title deed registered on her name so that the property legally stands on her name.