Is name change essential in mhada after conveyance deed
Lalit
(Querist) 30 September 2013
This query is : Resolved
My brother who was unmarried owned a Mhada flat but couple of years back he passed away.He had made a will (Will is not registered) in which he had mentioned that the property after my death should go to my two brothers and he had also mentioned name of both the brothers in the nomination form given to the society. In Mhada we have not changed his name as we were told that society is in the process of acquiring conveyance deed from Mhada
and once we receive that then there is no point changing his name in Mhada. One year after his death the conveyance deed from Mhada got cleared so my question is -
- We now have to sell this flat, since the conveyance deed is done do I still need
to change my brothers name in Mhada. Share certificate has also been transferred
in our name by the society.
Lalit
(Querist) 01 October 2013
Respected Lawyers,
I am waiting for the reply.
Thanks,
Lalit Bidichandani
P. Venu
(Expert) 01 October 2013
The property is situated in Mumbai. It is mandatory that the Will has to be probated.
Lalit
(Querist) 01 October 2013
Now what should we do sir, please suggest.
Kishor Mehta
(Expert) 02 October 2013
Sir,
You should get a probate of the Will of your brother from the Court, to be able to prove your ownership of the flat and sell it. Please approach a lawyer and start proceeding to get a probate of the Will.
Good Luck
Kishor Mehta
Lalit
(Querist) 02 October 2013
Thankyou so much sir, i will goahead nd do it but one last question do i still need to change name in Mhada once i get the probate and what will be the charge for probate.
Lalit
(Querist) 02 October 2013
Thankyou so much sir, i will goahead nd do it but one last question do i still need to change name in Mhada once i get the probate and what will be the charge for probate.
ajay sethi
(Expert) 02 October 2013
probate court fees 75,000 . if flat has been transferred in name of legal heirs by society you are the owner of flat as per society records . you would need probate of will to sell the flat . get name changed in MHADA records too .
Kishor Mehta
(Expert) 03 October 2013
Sir,
The probate court fees are levied on the value of the flat, the maximum fees levied are Rs. 75000/- in Mumbai [exclusive of Lawyers legal charges]. Once you get the probate you can sell the flat.
Good Luck
Kishor Mehta
Lalit
(Querist) 03 October 2013
Thanks a lot sir, just want to confirm that is it still necessary to change name in Mhada after getting probate and moreover conveyance deed is also done cause if i go in for a name change they ask for succession certificate so in that case i will gave to get probate & succession certificate.
Lalit
(Querist) 03 October 2013
Thanks a lot sir, just want to confirm that is it still necessary to change name in Mhada after getting probate and moreover conveyance deed is also done cause if i go in for a name change they ask for succession certificate so in that case i will gave to get probate & succession certificate.
Kishor Mehta
(Expert) 08 October 2013
Sir,
A Probate is essential in case of a Will, a succession certificate is issued in case if there is no Will.
Since the nomination form is already submitted, and you get a Probate, this will make you absolute owners of the flat.
You can request the name transfer as also you can sell the flat.
Good Luck,
Kishor Mehta
Lalit
(Querist) 08 October 2013
Thanks a ton to all the respected lawyers.
