Property without will and nomination
Hiten
(Querist) 15 December 2015
This query is : Resolved
My grandmother has died in 2006 and left behind a flat in Mumbai with no will and nomination. She has 2 sons & 3 daughters and all are married. Out of 3 daughters, one daughter died who has 2 sons and 2 married daughters.
Now we want to transfer this flat in my mom names without filling petition in court for succession certificate.
We had meeting with society office bearers and they asked for NOC,affidavit, etc.
Please help how to transfer this flat in my moms name ? What are the documents required for it? Will it create any problems in selling this property in future? Please let me know what are the procedure as per bye laws of mumbai ?
P. Venu 
(Expert) 16 December 2015
The suggested measure will take care of only the society records. All the other legal heirs need to execute relinquishment deeds to make your mother sole owner of the property.
Hiten
(Querist) 16 December 2015
Do we've to execute relinquishment deeds from my mother deceased sister's children's also?
Do such relinquishment deed to be done registry from Property registrar?
Will it will create any problem in future to sell this property as we don't have a copy of agreement ?
Hiten
(Querist) 16 December 2015
Do we've to execute relinquishment deeds from my mother deceased sister's children's also?
Do such relinquishment deed to be done registry from Property registrar?
Will it will create any problem in future to sell this property as we don't have a copy of agreement ?
Hiten
(Querist) 16 December 2015
so I need deeds to be sign from children of deceased daughter of my grandmother of whose the property is..
Kumar Doab
(Expert) 16 December 2015
It is believed that the deceased grandmother was Hindu and the property is self acquired and your grandfather is also not alive.
Her 2 sons & 3 daughters are her successors.
The 2 sons & 1 daughter and legal heirs of deceased daughter have to relinquish their share of your mother.
To relinquish the successors should attain the rights of that of owner or equal to that of owner.
Therefore the updation in society records is required.
Succession Certificate and registered relinquishment deed is the solution that can succeed in any contest.
The internal procedures of society are other way out as posted by you.
You may ask a local broker about the process explained by society.
Hemant Agarwal
(Expert) 17 December 2015
1. SINCE the deceased Grand-Mother has expired without a Will, execute a "Family Settlement Deed" between the 2 sons & 2 daughters and children of 3rd deceased daughter, and distribute the deceased's property, as required and agreed by all. This deed needs to be duly stamp duty paid and duly registered, with the local registrar of sub-assurances.
2. WITHOUT the above, EVEN "IF" the Society transfers the membership to whomsoever, based on any other documents (NOC,affidavit, etc.), THEN the Society shall be doing an illegal activity.
3. The property of "deceased Grand-Mother" CANNOT be sold without following point no. 1 (above). Title-Ownership of Property CANNOT be transferred based on any Society bye-laws or whatever, or NOC,affidavit, etc.
4. Selling off the deceased property without lawfully & duly getting Title-Ownership rights, shall be a criminal offence, by the hands of known/unknown legal heirs/beneficiaries.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Kumar Doab
(Expert) 17 December 2015
Registered Family Settlement Deed as suggested by Mr. Hemant Aggarwal is suggested as preference number:1.
Dr J C Vashista
(Expert) 18 December 2015
I agree with the experts advise as presumed.
However, the author did not disclose deceased "grandmother" was the mother of author's 'paternal' or 'maternal' grandmother (Daadi or Naani).
Whether the 'grandmother' was Hindu, Muslim or Christian or professed any other religion.
The legal preposition will change in both the situations.
Hiten
(Querist) 18 December 2015
I mean Deceased maternal grandmother (Naani) and she is Jain.
Kumar Doab
(Expert) 18 December 2015
Hindu succession laws applicable.
The property of deceased Hindu female shall devolve depending upon property is self acquired or acquired from husband or from father.
The flat in the name of Deceased maternal grandmother (Naani)is self acquired or acquired from husband or from father?
K.S.Srinivas
(Expert) 18 December 2015
The self acquired property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16 of Hindu Succession Act, 1956.
Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
Hiten
(Querist) 18 December 2015
The flat is acquired by her deceased husband which later transferred in her name.
Kumar Doab
(Expert) 18 December 2015
You have not clarified how the flat of deceased grandfather was transferred to deceased grandmother?
The successors of deceased grandmother has already been narrated by Mr. Srinivas.
The ClassI legal heirs of deceased grandfather are; Mother, spouse (deceased grandmother)and Children and sons/daughters of any predeceased sons/daughters...........
This can be reduced to as simple as that as already posted 'The 2 sons & 1 daughter and legal heirs of deceased daughter have to relinquish their share of your mother.'
You may once again go thru the post of Mr. Hemant Agarwal.
Still if you are facing any difficulty you may approach Mr. Hemant Agarwal, who is probably at Mumbai.
Hiten
(Querist) 18 December 2015
Just by application in writing to society to transfer in his wife (maternal grandmother) name by giving death certificate as evidence.
Kumar Doab
(Expert) 20 December 2015
The simple application may not suffice for transfer of ownership/title.
In any case the ClassI legal heirs of Grandfather have also been narrated.
The legal heirs may register the family settlement.
You may once again go thru the post of Mr.Hemant Aggarwal.You may approach him if still you are facing issues and are unable to resolve on your own.
Hiten
(Querist) 20 December 2015
For transfering maternal grandmother property in name of legal hier do we've to pay stamp duty ?
Is register of the family settlement deed from all legal hier is necessary as some legal hier lives in other states & finds difficult to come Mumbai and sign.
Hiten
(Querist) 20 December 2015
What if after furnishing family settlement deed, society refuse to transfer in our name? as we've to pay some amount to my maternal uncle (mama) for his sign on deed, else he will not sign. So we've to take risk for giving money.
How we can show this on paper of giving money ? And we want money back if Society doesn't transfer.
Kumar Doab
(Expert) 21 December 2015
@ Author-Hiten,
Online discussion have its own limitations.
Your able counsel can draft your whole petition suitable to your needs............and can also advise legally who is owner as on date and what needs to be done after examination of all docs on record.
Beyond this there is nothing more to be added by me.
You may wait for posts from other experts.
T. Kalaiselvan, Advocate
(Expert) 25 December 2015
I think the experts have given more proper opinions to your query. Beyond the advises and suggestions given by experts above if you still create doubts on each and every routine issue, then you should engage the services of a knowledgeable advocate who shall advise you the exact procedures to be followed after seeing all the relevant papers.
The position of law in your case has been satisfactorily explained by many of the experts above. I would like to concur with appropriate opinions and views of the experts.
