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Ajai Jain   23 June 2026

Transfer of flat in mumbai based on heirship certificate

My brother was the sole owner of the flat in Mumbai who recently died, leaving behind his wife and no children. The deceased wife is a nominee in the Society's record.  I have the following queries:

1. Whether his wife needs to obtain the heirship certificate from the city civil court to get the flat transferred in her name?

2. Whether such an heirship certificate needs to be registered with the Sub Registrar of Assurance and get a fresh Index 2 issued. And then only Society will transfer the share certificate in the name of the deceased's wife?

3. If the answer is yes to question 2, then what document is to be prepared for registration with the Sub Registrar-an Affidavit is sufficient, or any other document?

4. Whether any other mode is available in Mumbai to get the flat transferred in the name of Deceased's wife i.e. to obtain legal membership and not the 'provisional membership' in the Society?

5. Whether a mutation in the revenue records is possible without going for a heirship certificate?



 4 Replies

Dr. J C Vashista (Advocate )     25 June 2026

Nomination in society records shall be insufficient to transfer title (ownership) in the name of widow of your brother. Society can transfer share of deceased in her name on the basis of nomination.

Mutation do not confer / affect title of the property, it is meant for revenue/ municipal records only. 

She will have to get legal heir certificate from area Tehsildar / SDM for transfer of title (ownership). What about other legal heir(s) of deceased especially mother?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 June 2026

yes, Legal heir certificate is a must for transfer of ownership of a flat

P. Venu (Advocate)     27 June 2026

The property stands devolved upon the only legal heir. In the absence of any dispute, the nomination itself is sufficient to take care of the devolution of preprty.

T. Kalaiselvan, Advocate (Advocate)     29 June 2026

You may have to advise her to obtain legal heirship certificate and then apply for transfer of the property on the joint names of all the legal heirs of the deceased owner.


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