minal 29 February 2020

transfer of flat in mother's name after father

hi

my father has expired ,share certificate is in my fathers name, now when we went to society to transfer d flat in my mothers name...they are asking for succession certificate .

my query is tat is it compulsory to get succession certf.As i hv read somewhere this rule is no longer means no succession certf.is required to get the flat transfered in spouse name.

plz clarify and also the process get flat transfer.

Thanks in advance

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Quick Summary

Following the father's passing, the family is looking to transfer their flat, which has a share certificate in the father's name, to the mother's name. The housing society is requesting a succession certificate, but the family is unsure if this is still a requirement, having heard that it may no longer be compulsory for spouse name transfers. They are seeking clarification on the necessity of this certificate and the overall process for transferring the flat.

2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 February 2020

Submit your father death certificate in the society office and get the transfer of share certificate on your mother name by submiiting concern application.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 29 February 2020

1. Immovable Property can be transferred in Legal Heir's names ONLY on basis of a WILL or a Gift Deed or a Release Deed or a Court Decree ....

2. Society can only transfer membership and has no legal jurisdiction to transfer Property.

3. Either obtain a "Letter of Administration" from the High Court, or execute a registered Release Deed, by ALL residual legal heirs of deceased, in favor of Mother, for proper transfer of Title-Ownership on Mother's name.

Keep Smiling .... Hemant Agarwal
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