MADHUR SHAH (Management Associate Consultant) 21 May 2013

Transfer of property

My Father passed away 10 years ago leaving a flat behind in his name in which i and my mother stay.

How can we transfer this property in the name of my mother 100%. As i am happy to transfer it to my mothers name 100% as i dont want share in it.

Can someone guide me thorugh the process. Do we have to pay stamp dusty or any other tax or can my mother as a widow inherit the property. There was no WILL left behind by my father.

The society shyare certificate is still in the name of my father.

Location: We live in MUMBAI - Co operative society

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 21 May 2013

If the property is mutated in the name of you and your mother, you can execute a release deed of your share in favor of your mother and get it registered and thus your mother will become 100% owner of the said flat.

MADHUR SHAH (Management Associate Consultant) 21 May 2013

Dear Madam, I am not sure what is the meaning of mutated in this case. It will be of great help if you could give me some details, Alternatively i would like to tell the complete scenario.

The society share certificate has my father name in it, however the agremeent of sale has two names in it

1ST - My fathers name & signature

2nd - My uncles name but no signature

There is no nominee in the agreement. My uncle is ready to transfer the name to my mother. So i am assuming that since my father passed aways, naturally the 50% property would be inherited by my mother.

So now what shall be the procedure to transfer the 100% property to my mothers name who is a widow.

Whta will be the first steps like - getting a new share certificate in my mothers name or what

Hope to hear from you soon. Thank you for your time and help.

Regards,

Madhur Shah

Mumbai.