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sonali s   24 May 2023

Prodecure after the death of a joint owner

My father, Mother , me and my sister were the joint owners (with equal shares i.e 25 % each) of a house property in a co operative housing society located in mumbai.

My father passed away this year without a will.

Now we want the property to be held by the three ( my mother , me and sister) equally i.e in 33 1/3 percent each. Also there is no other heir.

 

Q1. What actions need to be taken with respect to the society and transfer of shares equally in our names equally.

 

Q.2 Do we need to pay stamp duty on my fathers share for inheriting the property ?

 

Q3. Do we need to do a separate registration even if the property is inherited after my fathers demise.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 May 2023

1.You have to get registration of partition deed and sumit the same to the society.  2.Yes.As per prevailing rates in your state.  3. Yes it is a must.

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sonali s   24 May 2023

It is not a HUF. We held the house jointly in individual capacities. And we do not want partition of the property nor do we want to sell the property. Do we still need to get partition deed?

Real Soul.... (LEGAL)     25 May 2023

Since the property belongs to your father and he died intestate, his property will devolve upon his legal heirs. Just get LR certificate and make the mutation through inheritance,.Since it is not sale or gift but the property devolves as per succession law so there is no court fee applicable except for charges or fee under applicable law for such transfers. You need to submit application for devolution of your fathers share equally amongst his LRs'  before the registrar scarcities along with the LR certificate.

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