Change of ownership due to death of father


Dear Panel,

My father has a property in Mumbai. Last year owing to cancer he passed away. He was survived by my mother and me (son), I now want that the house should be transferred in name of my mother, but I don't know the procedures, documentation and legality required for the same. If anyone can guide or better help me resolve this issue, it will be really grateful.

Thanks,
Anubhav
 
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You have to transfer that property in your name by taking administration certificate from court. You can call me for further procedure.

 
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U &Ur mother are the legal successor. let Ur mother move petition before concerned authority to change the documents to her name . GiveUr consent . Ur consent is necessary.
 
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FIN

Which personal law applies in your case?

Are you all Hindu?

Was mother of your father alive as on date of death of your father?

Did your father leave any valid WILL?

The said property falls under jurisdiction of which authority say; MC, Housing Society?

Have you inquired about requisite forms, procedure from O/o Authority? If yes, they must have advised on simple recourse per applicable say; Model Bye Laws, Society Bye laws frmaed in accordance with Model Bye Laws, Rules framed per Bye laws…

Have you obtained death certificate, legal heir certificate of deceased?

Confirm!

 
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FIN

 

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

If your father has not left any valid WILL then IT is simple matter of inheritance.

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

The authority under whose jurisdiction property falls can guide and help for requisite deed/NOC/affidavit/indemnity/forms  etc so that share/title of property can be transferred in the name of your mother alone.

 

 
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FIN

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Society/Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Co-OP Courts/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Society/Succession/Civil  matters.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 
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