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can mother gets the property ownership without her son's noc


My father expired two years back. he had a flat at MHADA colony at mumbai. (35 year old property, and we are the first tenant of the flat). we are two brothers. and our mother is alive.

We are facing a family dispute after my fathers death.

I want to transfer the ownership of our flat to my mothers name, but my brother is not ready for it. his wish is to transfer it to our name, but not in the name of our mother.

as per my knowledge, wife is first stage legal heir of her husbands property. so can i transfer our property ownership to my mother's name, without NOC from my brother?


Please Revert.

Nasir Shaikh


Did your father write any will?


no, he did not write any will


property will go to all legal heirs   u , ur mother and ur brother .


thanks for your reply, 

I would like to ask that, is there anything called 1st stage, 2nd stage heirs, etc. 

I will make it clear by this way, after husband, wife will be 1st stage heirs, son / daughters will be second stage heirs, grand son / daughter will be 3rd stage heirs, etc.

i hope i made my question clear.

your reply is valuable for me.

Thank you.




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