Mumbai bmc shop name transfer

Sachin (Querist) 19 March 2024 This query is : Resolved
My father owns small bmc shop in Mumbai. He wants transfer the shop on my name due to his poor health condition . I elder brother who was married has expired in 2022. Now the BMC person is asking for ration card details and asking noc from my brother's wife. However my father is willing to transfer on my name.
Pls suggest.

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Quick Summary

This discussion addresses the process of transferring a BMC shop name in Mumbai, particularly when the owner is transferring it to their son due to poor health. It clarifies that an NOC from a deceased brother's wife may not be necessary if the father is making the transfer by choice. Advice includes applying directly to the BMC Commissioner with relevant certificates or executing a deed of conveyance first.

T. Kalaiselvan, Advocate (Expert) 19 March 2024
You can convince the BMC authorities that it is the shop keeper who wants to transfer his proeprty to his son as per his choice hence there is no necessity to get NOC from his other children, if they still do not listen then you can approach the commissioner of the BMC with a complaint about the harassment done by their staff in this regard and request him to direct the concerned staff to do the needful as per procedures of law

kavksatyanarayana (Expert) 20 March 2024
Your father was the owner then based on the Death certificate and legal heir certificate apply directly to the Commissioner of BMC by a registered post you may get a mutation in your name

P. Venu (Expert) 21 March 2024
The problem, it appears, to be that the proposed transfer is attempted on the basis of mutation in the municipal records. The proper approach, to my knowledge, is your father to execute the deed of conveyance and request the BMC for mutation thereafter.

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