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Rajesh kulkarni   01 October 2017

Mothers right in father's property after death

My father has died . They have a flat in joint name from their income. We have two brothers but my brother died recently .can we easily transfer the said flat in my mother's name


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 13 Replies

Rajesh kulkarni   01 October 2017

The property is in the name of my father and mother

Vijay Raj Mahajan (Advocate)     01 October 2017

The property is already in joint name of both your father and mother, what has to be done is to get the name of your deceased father's name removed, for this his death certificate, death certificate of your deceased bother , your affidavit duly attested by SDM with regard to no objection for the property be in your mother's sole name and an application of your mother for making changes in the title of the property will be required. In case your deceased brother was married, his legal heir too will have to give affidavit of NOC in favour of your mother.

Vijay Raj Mahajan (Advocate)     01 October 2017

The property is already in joint name of both your father and mother, what has to be done is to get the name of your deceased father's name removed, for this his death certificate, death certificate of your deceased bother , your affidavit duly attested by SDM with regard to no objection for the property be in your mother's sole name and an application of your mother for making changes in the title of the property will be required. In case your deceased brother was married, his legal heir too will have to give affidavit of NOC in favour of your mother.

manoj   01 October 2017

call me to my cell no 8686159292 to solve your query

Siddharth Srivastava (Advocate)     01 October 2017

Since the flat was in joint name of your parents so in law each one has 50 per cent of flat so after the demise of father the 50 per cent portion shall be inherited by his class-1 legal heir I.e. You, mother and brother and as your brother too has expired and if he has left any legal heir then such legal heir shall inherit his share.

Siddharth Srivastava (Advocate)     01 October 2017

The flat can be transferred in the name of mother if all other legal heirs relinquish their right in favour of your monther along with NOC in this regard.
1 Like

Kumar Doab (FIN)     01 October 2017

It is believed that you are all Hindu.

The deceased has not left any valid WILL?

Confirm!

Kumar Doab (FIN)     01 October 2017

 

Apparently it is simple matter of inheritance; ‘Intestate Succession’.

The forms/procedure/process is available in O/o authority under whose jurisdiction property falls say; MC, Society….and might also be available on the website of authority.

Usually death certificate, legal heir certificate/affidavit/attestation of deceased by a person acceptable to authority say: Municipal Councilor is basic requirements.

 

Legal heir certificate at your location might be issued by O/o Tehsildar.

 

In case of Hindu male that had deceased without leaving a valid WILL and/or disposing property by a valid/registered deed in his life time  the 1st right is of ClassI legal heirs i.e.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……………..

 

Kumar Doab (FIN)     01 October 2017

The succession opens on date of death.

If the sale deed of said Flat narrates the share of each of 2 owners the share of each owner then accordingly or if nothing on % of share is mentioned that 50% share of deceased father devolves equally upon his ClassI legal heirs as mentioned above.

 

The share of your deceased brother that has died after death of your father devolves equally upon his ClassI legal heirs as mentioned above.

You may obtain the requisite forms from O/o Authority under whose jurisdiction Flat falls and carefully go thru these.

You need to get death certificate, legal heir certificate etc of both of your father and your brother…………….and complete the formality so as to update the ownership by inheritance in mutations in favor of eligible ClassI legal heirs.

 

Thus each legal heir attains rights equal to that owner.

 

All legal heir can relinquish/release/transfer/gift/sell etc their share in favor of your mother by a valid/registered deed……………and thereafter she shall become sole owner.

From local SRO, senior deedwriter you may inquire the stamp duty/fee etc for the deed that you may prefer.

 

The local state govt might have notified exemption/waiver/relaxation in duty/fee in case of blood relation/relatives.

If all legal heirs are willing and there is NO dispute then it shall be easy.

 

Get in touch with concerned official in concerned authority and complete the formalities.

Rajesh kulkarni   03 October 2017

Thanks a lot to all of u for your expert advice

Rajesh kulkarni   03 October 2017

Thanks a lot to all of u for your expert advice

Rajesh kulkarni   03 October 2017

Thanks a lot to all of u for your expert advice

Kumar Doab (FIN)     03 October 2017

You are welcome...............


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