How to transfer flat name in my sister and my name

ajay (Querist) 04 July 2021 This query is : Resolved
Respected Sir / Madam,

I, ajay my mother passed away in 2019 made a will and nomination paper in my name and sister name, but my father was joint member of the flat, we also completed all formalities with the Secretary and when he came to know about this he contested not to transfer in my name or my sister name and now my father passed away without will or nomination, how I can transfer in my name and my sister name, I have both of my parents death certificate with me.

Thanking u,

Ajay

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To transfer a flat jointly into your and your sister's names after both parents have passed away, you'll need to obtain a legal heirship certificate from the relevant authority. This certificate, along with the death certificates of your parents and other required documents, should be submitted to the revenue or municipal department for mutation of the property records. Once the revenue records are updated, you can then apply to the housing society to transfer the shares accordingly.

P. Venu (Expert) 04 July 2021
Are there any other legal heirs to your parents?

Advocate Bhartesh goyal (Expert) 04 July 2021
Get legal heirship certificate from competent authority and submit it with death certificates of your mother and father to secretary for transfer of ownership.

Dr J C Vashista (Expert) 04 July 2021
The society can transfer share (in the society) of your deceased parents on the basis of surviving member / legal representative certificate obtained from competent authority.

However, ownership (title) shall be transferred/ mutation sanctioned by revenue/ municipal/competent authority but not the society.

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kavksatyanarayana (Expert) 04 July 2021
As your parents died, you and your sister have equal rights over the property if no other legal heirs. You shall obtain a legal heir certificate/family members certificate from the Tahsildar concerned, then you and your sister jointly apply to the Mpl.corpn/Mpl./local body/revenue for mutation in your names. The society is not competent for it.

T. Kalaiselvan, Advocate (Expert) 07 July 2021
You may get the property mutated to your name and your sister name by submitting an application to the revenue department to transfer the revenue records on both your names jointly.
They may insist on you to produce the copy of the Will, death certificates of both your father, mother, legal heirship certificate and other relevant documents namely, identity proofs of everyone.
You may have to obtain the legal heirship certificate from the same department by applying for the same through proper procedure, after obtaining it, you can submit the same along with the other documents and get the revenue records transferred to your names jointly.
After this formality is completed you both an apply jointly to the association to transfer the shares of the property to your names jointly.

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