13 July 2019
My father died in April 17 2019, flat is on his name, No will and no written notes, Our building is 30 years old and constructed in gram panchayat era and status is illegal in Thane Municipal corporation. Our building society is not registered. Then what will be process of Transfer of flat to my name or my mother. What are documents required in this process and what are charges will be occurs. Please give me suggestion.
13 July 2019
Ji, how many members in the society? If not registered how did your father purchase it? If you have registered document of your flat, obtain death certificate of your father and legal heirs certificate from the concerned authorities. All legal heirs of your father shall execute a relinquishment deed in favour of your mother. Then apply for mutation in your mother's name. The stamp charges and registration charges vary from one State to other State. to my best known, the stamp duty for release/relinquishment deed is Rs.200/- in case of family members such as father, mother, brother and sister etc.
14 July 2019
The building constructed in Gram Panchayat (now Municipal Corporation) land is an encroachment, which can not be regularized by executing a relinquishment/ release deed or any other document as advised by expert Mr. Kavksatyanarayana. Keep possession of the flat as inherited. Consult a local prudent lawyer with relevant record for proper appreciation of facts, guidance and proceeding.