Index 2 records in mumbai

There is no problem; you can sell your flat.  In the deed, you specifically mention that your mother  (coowner) the property expired.  After mutation, the new owner's name comes in index2.

Although you are the only legal heir of your mother even than you will have to get her share transferred in  your name before selling it.

Firstly, based on the legal heirs certificate you transfer your mother's share in the jointly owned property to your name in the revenue records after which you will become absolute owner of the entire property 

You can sell the property independently after completion of this process.

To my undrstanding, on the demise of the mother the property is exclusively vested with you, being the sole legal heir.

Based on the facts you've stated:

• The flat is jointly owned by you and your mother (both names appear on the sale deed/Index II).
• Your mother has passed away intestate (without leaving a Will).
• You claim to be her sole legal heir.

The answer depends on how the property was owned and the applicable succession law.

1. Can you sell the flat immediately?

Not automatically.

The fact that your mother's name appears on the title means that her share in the property does not disappear on her death. Her share devolves upon her legal heir(s) according to the applicable succession law (e.g., the Hindu Succession Act, 1956, if she was Hindu).

If you are truly the only Class I legal heir (for example, there is no surviving spouse, no other son or daughter, and no heirs of any predeceased child), then you would inherit her share.

2. How do you transfer her share into your name?

The procedure varies from State to State, but generally:

• Obtain the Death Certificate.
• Obtain a Legal Heir Certificate/Surviving Member Certificate.
• If required by the local authority or society, obtain a Succession Certificate, Letter of Administration, or other appropriate court order if there is a dispute or the authority insists upon it.
• Apply for mutation of your mother's share in the municipal/property records and, if applicable, in the housing society's records.
• Keep all documents establishing your inheritance.

3. Is Index II sufficient proof?

Index II is primarily an index of registration. It is not a title document and does not, by itself, determine ownership.

Even if, after a sale deed, the purchaser's name appears on Index II, that does not cure any defect in the seller's title.

4. What happens if you sell without completing succession?

There are several risks:

• The purchaser may later challenge the title or refuse to proceed once due diligence reveals your mother's share has not been formally dealt with.
• If another legal heir later emerges, the sale could be challenged to the extent of your mother's share.
• Banks may refuse to finance the purchaser if the title is not clear.
• The purchaser may insist on indemnities or withhold payment until the title is regularized.

5. If you are genuinely the sole heir

If there is no dispute and you are the only legal heir, many purchasers may proceed provided you produce:

• Death Certificate;
• Legal Heir Certificate (or equivalent proof);
• An affidavit confirming that you are the sole legal heir;
• Indemnity Bond (if required);
• Society's NOC/transfer documents, where applicable.

However, completing the mutation/inheritance formalities first generally makes the title cleaner and the sale smoother.