Transfer of flat ownership to mother after father's demise
We have a flat in Noida of Noida authority in my father's name (original allotee). we have to get the same now transferred in his wife's (my mother's) name because of the death of my father. We have a duly registered WILL of my father in which its clearly mentioned that it needs to be of his wife (my mother) after his death.
- Please let me know the step by step procedure to transfer and their respective department/offices
- Please let us know the charges involved in this process
Asked 8 months ago in Property Law from Gurgaon, Haryana
1) you can apply for probate of father will in district court
2) it should not take more than 6 months
3) apply for mutation of flat in mother name with the society on basis of probate granted by court
4) legal fees vary depending upon lawyer engaged by you . Court fees vary
1. File an application before the Court for availing the grant of probate of the said will unless grant of probate at your place is not mandatory (like N.Delhi),
2. After that apply before the Noida Authority for recording her name in all their documents as the owner of your deceased father's said flat.
3. The the expenses for paying the court fees for the probate and also the legal fees may be around Rs.1 to Rs.1.5 lakhs.
Since there is a bequest in favour of your mother all she has to do is to apply for mutation with a copy of death certificate of your father. The title has already passed to her in accordance with your father's will. It shouldn't cost more than 500 INR.
For transfer of the immovable property that belonged to your deceased father to your mother upon his testamentary disposition to your mother, your mother should submit an application to the authorities enclosing a copy of the Will along with a copy of the death certificate and all other relevant id proofs and NOC from other heirs of your deceased father seeking transfer of name from your father's name to her name.
She should be willing to comply with any other legal formalities and get it transferred.
There is no step by step procedure, once you visit the office of NOIDA you will come to know all the details including the formats of any indemnity/affidavits that are required to be given in this regard.