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bhavesh   18 January 2015

Property transfer

There is one bhk flat in kharghar, Mumbai in my fathers name. We got possession last year Feb 2014. My father expired in Dec 2014 due to heart attack. There is no society formed. Nor there is any will or nominations. How do i transfer property in my mothers name? Kindly explain documentation and costs and time involved for this?

Bhavesh



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 5 Replies

Hardeep (Business)     18 January 2015

You will have to get a Succession Certificate which will show all the heirs of your father . All heirs except your mother will have to waive all rights to the property in favor of your mother. With these documents the Registrar  of your Zone will affect transfer of the property in your mother's name.

Succession Certificate is supposed to be issued at nominal cost. Normally the local District Magistrate / Tehsildar of the Zone your father resided last is the person to be contacted. You should visit that office to know more details / costs etc. There are drafters / notaries generally sitting outside the SDM's office ( at least they are in Delhi ) who could advise you further. The Registrar's Office where the property is situated  could also guide you on the same.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.For DIRECT contact with me / my friends and more law related informations / queries visit https://getjoy.in/r/q

 

 

 

 

bhavesh   18 January 2015

Is there any other Option available other than succession certificate??????

Kumar Doab (FIN)     18 January 2015

Mr. Hardeep is right.

 

The procedure and documents are also explained on the website of the authority under whose jurisdiction the property lies................

Jai Karan Nagwan (consultant)     18 January 2015

Excuse me, I have dissent to above, Bhavesh being natural heir can get certificate of heirship and get his or her mother name recorded. Obtaining Succession certificate, one need to file suit under ISA, which is not required here.

adv.raghavan (Advocate,9444674980)     18 January 2015

I think Legal heir certificate will do for this. After obtaining the same all other heirs can relinquish their rights over the property favg.Mother. No need to go for succession certificate . For further details and confirmation you can check with local counsel for suitable state amendments, if at all anything is there.


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