Transfer of flat on my mother name
swapnil
(Querist) 23 October 2017
This query is : Resolved
Hello ,
My father died in 2009 , my sister and me are children (we both are married) , we want to transfer the flat to my mother name. My father has not done any will and flat was only registered on my father name.
please help on my below query -
1. how to transfer flat on my mother name , can society do this ? do we need to re-register flat on my mother name through registration office ?
2. without transferring flat on my mother name, can mother sale a flat if we both children provide NOC for sale of flat ? is it compulsory to get flat registration on my mother name before sale through registration office ?
please respond early .. thanks in advance
Vijay Raj Mahajan
(Expert) 23 October 2017
Yes NOC of both son and daughter will be required for the mutation of name for the mother with Society record as well with the Municipality records of your district/city. The Original registration of the flat/property is in the name of the deceased husband/father remains as it is with the Sub-registrar Office, however in case the flat/property need to be sold, the sale deed will be signed by all the living class 1 legal heirs of deceased Hindu male.
Rajendra K Goyal
(Expert) 23 October 2017
There is possibility that the society has nomination from your father. If so better proceed as per the nomination.
You and your sister can relinquish their right through a registered relinquishment deed, Apply to the society for transfer in the name of your mother enclosing copy of this deed.
To sell flat get sale deed executed by you, sister and mother jointly as legal heirs.
swapnil
(Querist) 23 October 2017
Thanks for your reply.. having few more queries , pls help.
1. what document society will provide after transfer of flat to my mother name ? what is the overall process ?
2. After society transfer flat on my mother name then can we all legal heirs can sell flat ?
3. do we need to get legal heirs certificate from tahsildar office?
4. is there any approval do we need to take from court before transfer of flat on my mother name ?
Thanks for help !!
Ms.Usha Kapoor
(Expert) 24 October 2017
You all get Legal heir certificate from Local Tehsildar. then you can apply for mutation in revenue records. Let your sister and you relinquish their shares in the demised flat. through a registered relinquishment deed.in favor of your mother.Your mother will get share certificate in the flat property after the transfer from society.If after transfer if your mother agrees for sale of Flat then all class 1 legal heirs can sell the flat property. lastly you don't need court approval for selling the flat.
Yudhish Padman S
(Expert) 24 October 2017
Dear Swapnil,
Fact: I understand that the flat belonged to your father, and that he died intestate leaving behind your mother, yourself and your sister.
Legal Interpretation: Presuming that your father and his heirs are all Hindus, the surviving legal heirs having title to the Flat would be your mother, yourself and your sister.
Now, here are the answers to your queries,
Q) How to transfer flat on my mother's name?
A) You and your sister together should execute a release deed (a.k.a. relinquishment deed) in favour of your mother.
Q) Can Society do this?
A) No.
Q) Do we need to re-register flat on my mother's name through registration office?
A) Yes. The aforementioned release deed needs to be registered. This document will be construed as your mother's title document to the flat.
Q) Without transferring flat on my mother's name, can my mother sell the flat if we both children provide NOC for sale of flat?
A) No.
Q) Is it compulsory to get the flat registered on my mother's name before sale through registration office?
A) Not necessary. But she alone can't sell the property. You and your sister should also sign in the sale deed.
Q) What document will society provide after transfer of flat to my mother's name?
A) Society will provide no document in respect of title. After you and your sister execute and register the release deed, you need to inform the society so that they can update their records to reflect that the flat stands in your mother's name now.
Q) After society transfers flat on my mother's name, can we legal heirs sell the flat?
A) You can sell now itself. You don't need the Society's approval.
Q) Do we need to get the Legal Heir Certificate from Tahsildar office?
A) Yes.
Q) Is there any approval we need to take from Court before transfer of flat to my mother's name?
A) No.
Regards,
S.Yudhish Padman, Advocate, Chennai.
yudhishpadman@gmail.com
Ms.Usha Kapoor
(Expert) 24 October 2017
Dear Swapnil,
If you appreciate my answer please click like button.
Rajendra K Goyal
(Expert) 24 October 2017
You asked:
1. what document society will provide after transfer of flat to my mother name ?
Reply:
After changing the name, fact would be noted on the share certificate.
You asked:
what is the overall process ?
Reply:
Take help from Society office.
Rajendra K Goyal
(Expert) 24 October 2017
You asked:
2. After society transfer flat on my mother name then can we all legal heirs can sell flat ?
Reply:
If transferred after registered relinquishment deed, your mother can sell.
You asked:
3. do we need to get legal heirs certificate from tahsildar office?
Reply:
Society may ask.
Rajendra K Goyal
(Expert) 24 October 2017
You asked:
4. is there any approval do we need to take from court before transfer of flat on my mother name ?
Reply:
No approval needed. In case of dispute among legal heir / regarding who is legal heir court intervention required.
Dr J C Vashista
(Expert) 25 October 2017
Contact Society office and find out qua "nomination" registered by deceased member, which is generally made by the member. Accordingly there would not be any requirement of getting RD or NOC of children if your father has recorded nomination in favour of your mother.
Dr J C Vashista
(Expert) 25 October 2017
You have adequately been advised by experts, even than if you have some more queries consult a local lawyer for proper appreciation of facts, guidance and proceeding.
