Mutation of flat in mumbai
kamal
(Querist) 21 October 2011
This query is : Resolved
Hi,
What is the process of mutation of a flat in a Cooperative Society, when the co-owner of the flat expires. The Flat is in Mumbai. What all agencies are involved in the process and how much time does it take. Please throw some light on this.
Thanks.
prabhakar singh
(Expert) 21 October 2011
1]ascertain if deceased left any will;or
2] ascertain the heirs of deceased,if no will was left by the deceased.
3]apply for probate or letter of administration depending on fact any executor
appointed by will or not.
4]in a no will case furnish an indemnity bond in CHS favor to get mutation of shares changed for which its by laws might be providing for a fees to be realized fro heirs.
5]afterwards move for change of name in municipal board also by moving a mutation application.
ajay sethi
(Expert) 21 October 2011
did the decased leave behind any nomination?
if deceased has left a nomination society will transfer flat to his nominee on fulfillment of transer formalities .
further has deceased left a will?
if he has made a will appply for probate .
contact the secretary of your society for fullfilment of transfer formalities
kamal
(Querist) 21 October 2011
Thanks for replying.
No will or nominee has been made. In this case an application of probate is to be made or not? If not, the application and the indembity bond to the society and municipal body is enough? Just for information, where does the application for probate be made if there is supposed to be made one.
ajay sethi
(Expert) 21 October 2011
if no will is made you cnanot obtain probate .
if you are in mumbai and the deceased did not make any nomination who are the legal heirs of the property .
approach your society secretary . if you the only legal heir falt may be transferred in your name on execution of indemnity bond .
some times society insist on succession certificate if ther are more legal heirs or wherein there is dipsut among legal heirs .
you will have to apply to bombay high court for succession certificate
Raj Kumar Makkad
(Expert) 21 October 2011
Nothing remains to be added in the advice of ajay.
kamal
(Querist) 22 October 2011
Thanks for your inputs.
Is there any other body apart from CHS and BMC where the mutuation is supposed to happen? Assuming that there is no succession certificate involved.
What papers would BMC need for the mutation of the property. How much time does the BMC takes to mutation in this procedure?
Thanks a lot.
