Apartments belonging to my now deceased father

Janardan (Querist) 17 October 2020 This query is : Resolved
My father passed away last month,he has 2 apartments to his name. My mother, myself and my sister live in one of the apartments while the other is vacant.. He had no will so I was wondering what would be the procedure to transfer the apartments to my mother's name. Also, is there any drawback if I don't do this right away, is there any time limit ?
Is there going to be a problem if the apartments stay in my dead father's name ? We don't plan to sell either anytime soon.
We're all Hindu by faith and it's just me, my sister and our mom in the family.
Awaiting your response, thank you

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Quick Summary

Following your father's passing without a will, his two apartments now legally belong to his heirs. While there's no immediate legal requirement to transfer the properties from his name, it's advisable to do so as soon as possible to avoid future complications. The properties will automatically devolve to the legal heirs, and it's recommended to transfer them into the names of all three heirs (mother, sister, and yourself) to facilitate better management and administration of the assets.

Rajendra K Goyal (Expert) 17 October 2020
It is not mandatory to get these transferred immediately in the name of legal heirs, yet sooner is better.

Isaac Gabriel (Expert) 17 October 2020
No illegality in retaining the flats which is in the name of your fathet.It automatically devolves on legal heirs.Neverthless transfer it as sooner as possible.

kavksatyanarayana (Expert) 17 October 2020
Yes. Agreed with the above learned experts.

Dr J C Vashista (Expert) 18 October 2020
Get the properties transferred in the name of all 3 of you as legal representative, which you are entitled equal share.
It would help you for better administration of properties left behind by deceased.

P. Venu (Expert) 18 October 2020
The death of the father, the property is jointly vested with all the legal heirs. Of course, names in municipal or revenue records are of no consequence; still it may become a point of botheration at a later time. The best option is executing a settlement died on mutually agreed terms and carrying out the mutation on that basis.

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