Transfer of property from deceased mother to son

This query is : Resolved 

Querist : Anonymous (Querist)
14 February 2020

I am a 30 year old unmarried man staying in Mumbai.
My mother died in 2019 without any will but I am the Nominee of a house in Santacruz (East) Mumbai which is in her name.
My father is alive & I am the only child.

Please reply regarding:
1. How do I transfer the property in my name?
2. Legal Documents & Charges applicable?
3. Which office & department to contact in Santacruz (East)?

Isaac Gabriel (Expert)
14 February 2020

Take the assistance of a lawyer since the property vested on you and your father.

Raj Kumar Makkad (Expert)
14 February 2020

You need to first contact with RWA of that society and obtain relevant documents and then to the office of Joint Registrar of that area alongwith the copy of death certificate, nomination papers, your identity proofs, your affidavit, the ownership proof etc. Charges can be known locally from the office of Joint Registrar.

Advocate Suneel Moudgil (Expert)
15 February 2020

1. you and your father both are the owners of the property,
2. Death Certificate of your mother, nomination documents, legal heir certificate are the mandatory documents in addition to ID, Residence proof, photo, affidavits, etc
3. better to consult a local lawyer

15 February 2020

Dear Sir,
If that property is exclusive property of your mother then it will be devolved on the following provision of law. Further you may approach concerned department for change of katha.
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

kavksatyanarayana (Expert)
15 February 2020

As your mother died intestate, and the house is in your mother's name, you and your father have equal rights over the property. Get the death certificate of your mother and legal heir certificate from local Tahsildar. Then your father may relinquish his rights to you for his share on the property. The relinquishment deed shall be registered before the Joint Sub Registrar concerned. After registration of relinquishment deed you have to approach the society for changing into your name.

T. Kalaiselvan, Advocate (Expert)
16 February 2020

The property left behind by your deceased mother shall devolve equally on her legal heirs consisting your father and you if she is reported to have died intestate.
The nominee in the association is just a trust for receiving the proeprty on behalf of the legal heirs and same is to be distributed to the legal heirs.
You can apply for legal heirship certificate from the local revenue department and after that you can give an application to the Tehsildar seeking transfer of the revenue records from your deceased mother's name to your name as well your father name jointly.
After that the property shall be in the joint names of you and your father until your father relinquishes his rights in the property in your favor by executing a registered release deed.

Dr J C Vashista (Expert)
16 February 2020

Very well explained by experts, I endorse and appreciate.
However, if it is a true story, it is advisable to consult and engage a local prudent lawyer for appreciation of relevant facts/ documents, professional guidance and proceeding.

Hemant Agarwal (Expert)
16 February 2020

1. As a Nominee of your Mother, legally you do NOT stand to automatically inherit "Title-Ownership" of mother's property. As a Nominee you will remain only a Trustee /Care-Taker of the property.

2. To obtain Title-Ownership of mother's property (since mother expired without making a WILL) and since property is in Mumbai district, you will have to apply for "Letter of Administration" to the High Court, by annexing consent affidavit /release affidavit of Father in your favor, and get a order for absolute title-ownership of mother's property. There is no other simpler legal way and neither are any other authority has jurisdiction to transfer property in your name, more so in the absence of a WILL of mother.

Keep Smiling .... Hemant Agarwal

Raj Kumar Makkad (Expert)
16 February 2020

Hemant has rightly dealt with the query, to which I fully endorse.

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