Transfer of property

Which personal law applies in your case?

Are you all Hindu?

The flat falls under which authority e.g; Society, MC etc ?

Is any valid nomination made?

Confirm!

Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

GO thru the applicable rules e.g; Society bye laws framed in accordance with Model Bye laws applicable to location/state/ Co-OP Society Act..

Notifications issued for requisite docs and transfer charges etc etc…

The O/o Authority e.g; Society, Registrar can update you on procedure/docs/charges..

Or approach in person a very able senior LOCAL counsel of unshakable repute and integrity specializing in Society/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share inputs /show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Co-Op courts/civil courts, HC, SC……