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SuperNuvos (Own)     05 October 2015

Property transfrer to wife's name

Hello Experts,

  My uncle has expired and is survived by his wife and 2 adult sons. My uncle was Hindu.He owns two houses in Mumbai  and In both these houses, his wife (aunt) is the sole co-owner. He has not left a will.

My questions are:

1. How do transfer the property to my aunt's name (uncle's wife) ?

2. What is a succession certificate? Do I need it in this case?

3. How do I transfer my uncle's rights to my aunt in  co-op society's share certificates?

4. Are there any other agreements/certicates etc.. to be issues to handle any property related matter?

 



Learning

 5 Replies

K.S.Srinivas (Advisor (HR))     05 October 2015

1.  Get the succession certificate and claim the property.

2.  File a application in the civil court and get it.  Consult the Lawyer.

3.  After getting the succession certificate, then file application before the society.

4.  Property matters can be handled with succession certificate.

saravanan s (legal advisor)     05 October 2015

There is some confusion in the query.

My uncle has expired and is survived by his wife and 2 adult sons. My uncle was Hindu.He owns two houses in Mumbai  and In both these houses, his wife (aunt) is the sole co-owner. He has not left a will.

did your uncle make any settlement on your aunt before his death.if not his property will devolve as said below

since your uncle had died intestate the property would devolve on the class 1 legal heirs of his in equal shares.in this case the class 1 legal heirs will be your uncles mother (if alive at the time of your uncles death), his wife and children.so its not like as you said

if he had made any settlement then

with the death certificate and few other documents apply for legal heir certificate (as in this case i dont find sucession certificate is needed) and then with the legal heir certificate apply for mutation of the property in the tahsildars office on your mothers name.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     05 October 2015

nothing more to add,well analysed by the above legal experts.

Ramesh (Lawyer)     06 October 2015

you need to get the succession certificate from the civil court and apply for the change of ownership in the local body (mumbai municipal authority) once it done your aunti will be become the legal owner of the property.

 

T. Kalaiselvan, Advocate (Advocate)     11 October 2015

Succession certificate will not be applicable for immovable properties.  Obtain Legal heir ship certificate from the Revenue department or letter of administration from a court of law. 

The uncle died intestate so his properties will devolve equally upon all his legal heirs. Your aunt cannot become a sole owner of the entire properties until the other legal heirs relinquish their rights in the properties by executing a registered release deed in her favor.  For transferring the shares of the property, she has to apply for the same along with NOC of all other legal heirs in her favor. 

Though the process will be cumbersome, if followed up properly then all the legal complications that may arise in the future may be avoided. 


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