Re: transmission in case of death

This query is : Resolved 

Querist : Anonymous (Querist)
19 January 2020

I hold a residential property in Mumbai jointly with my mother. My mother's name is first followed by my name, now she has passed away recently what is the procedure for the transmission to my name is there any form required for the society to be submitted. Please advice. My mother nominated my wife as the nominee, and I am only son.

kavksatyanarayana (Expert)
19 January 2020

You obtain the death of certificate of your mother and handover a copy of death certificate along with a notarised affidavit stating that there are no other legal heirs except you. This is sufficient.

Sb Karma (Expert)
20 January 2020

Make an affidavit with statement of status of legal heir.Consult local lawyer for best assist.

Raj Kumar Makkad (Expert)
20 January 2020

It shall be better to consult to the office bearers of the concerned society so as to meet out their requirement for the change of the ownership in their record. General procedure has already been told to you. Sometimes legal Heirship Certificate is also required to record the change.

K Rajasekharan (Expert)
20 January 2020

If she has nominated you as her successor of the property after her death, and you are the only legal heir of her as per law, you can claim the property by following the procedural formalities prescribed by the society. On the other hand if she has other living legal heirs, they will have claim even if you are the nominee.

Kindly note that a nominee is one who receives the property as a trustee who is duty bound to distribute the property among the legal heirs. The nominee need not be the claimant even. But it is a mechanism to make speedy transfer of property when there is no clash between claimants. If there is a clash between the nominee and a legal heir in regard to any property, the legal heir will get the claim.

You can get the property transferred to your name by filing all those papers the society prescribes by its bye law.

P. Venu (Expert)
20 January 2020

Are you the only legal heir to your mother?

Dr J C Vashista (Expert)
21 January 2020

Whether you have any brother or sister ? Whether your father is alive ? Any other LR of your mother? you did not inform.
All LRs have equal share in the property.if she has died intestate.
Society is not authorised /related concerned with transfer of title o(ownership) to LRs of the deceased.
It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, professional guidance and necessary proceeding.

T. Kalaiselvan, Advocate (Expert)
Click to Talk
29 January 2020

If your mother is reported to have died intestate then her share in the property shall devolve on her own legal heirs consisting her children and her husband.
Your wife may be nominee but she cannot acquire the property in the capacity of nominee, as a nominee she can receive the property and disburse the same to the legal heirs of the deceased owner.
She will be a trust to your deceased mother's property.
If there are no other legal heirs other than you then you may first get the property revenue records transferred to your name from the revenue department, get the taxes and other relevant services transferred to your sole name and then apply for transfer of share certificate to your name as a sole shareholder buy submitting an application to the society in this regard,

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now


  LAWyersclubindia Menu