• Transfer of joint ownership to sole ownership

I stay in navimumbai and have a flat where myself and my father are co owner, while taking the flat i had kept the fathers name as first for name sake only with no monetary share and my name was second as 100% share , this was also legalised on a stamp paper showing father will be just for name sake and the 100% share of the flat will be mine, this was done by icici bank while taking the loan

now my father has expired and there was no nomination done also when he was alive, society says to get the Cidco transfer first done and then society can remove the fathers name from the society and my name can be the alone name,

Cidco says get the legal heirship certificate, and then they will get this cidco transfer done in my sole name

please note my name and fathers name is already there as joint owner


so please suggest how do i get the legal heir certificate and do i have to pay any stamp duty of charges for this 

thank you in advance
Asked 4 months ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu
Since your father died intestate you have to obtain letters of administration from district court in respect of father 50 per cent share in flat 

2) yiu have to pay court fees depending upon value of property

3) legal heir certificate won't serve the purpose 

4) legal heir certificate has also has be obtained from court 
Ajay Sethi
Advocate, Mumbai
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On the demise of your father his share devolved through succession on his legal heirs i.e widow and children equally. Unless you are the sole surviving heir to your father you cannot be the absolute owner of the property. To obtain legal heir certificate no stamp duty is payable. 
Ashish Davessar
Advocate, Jaipur
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1) if your father did not fill in nomination form society will call upon you to obtain succession certificate or letters of administration from court 

2) make an application to society for transfer of father share , society will call upon you to Submit  indemnity bond and transfer flat in your name if you are the nominee

3) in case where there is no nomination only after obtaining letters of administration or succession certificate society will transfer flat 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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The bye laws are specific to every society. If you do not have a copy of the bye laws then you may file a RTI to obtain a copy thereof. The minimum which the society demands is a legal heir certificate from the legal heir(s) to transfer the share certificate in the event of intestate demise of one of the joint owners. Engage a local lawyer.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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so please suggest how do i get the legal heir certificate and do i have to pay any stamp duty of charges for this 



You have to apply for legal heirship certificate through Revenue department or Tahsildar of your jurisdiction.

You have to mention the names of all legal heirs of your father in it without fail.
You have to produce the death certificate of your father besides other documentary proofs in this regard

After obtaining the legal heirship certificate yo can get name transferred through CIDCO as per the procedures. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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How can I get the first name of my father removed as he has expired and get my name as the first name so that I can make a nominee which was not done earlier 

You cannot get his name removed just like that.
Upon his intestate death all the legal heirs have to execute a registered release deed in your favor which will make you an absolute owner to the property.




I stay in navimumbai and the governing authority is CIDCO 
Will the society demand any heir certificate or succession certificate 

Yes.





And please help as earlier replies given which states I don't have to pay any stamp duty to get the heir certificate then what will be the charges I need to borne and if I can be guided to a lawyer who can help me get this heir certificate I would be obliged.

You visit the Tahsildar office with an application for legal heir ship certificate, you will be informed about other formalities. 

T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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