Transfer of property on death of husband to wife and selling
Shankar Mohan
(Querist) 14 August 2014
This query is : Resolved
I have the following query:
My father-in-law bought a flat in Dombivili in the year 1990. He passed away one year back in an accident. He has mentioned his wife's name as nominee in the society application as well. However, the property was not registered (even the agreement was not done with stamp duty). But the society is very understanding and told us that they can transfer the flat to my mother in law's name after submission of supporting documents.
Now my queries are as follows:
a. Is Death certificate enough or should it be certified by a notary? (My father in law died in his home town in Kerala(South India)- infact this notary idea was suggested by the chairman of the the co-op society in Dombivili (he stated that he isn't aware of the legal formalities much)
b. What other documents are required for property transfer on death to widow?.
C. Would a registration be required for the flat on property transfer(as it was not registered before) and also should we pay any stamp duty?.
d. If we want to sell the property in future (say within an year or so), what are the legal implications and what formalities are required for this procedure. Should a new agreement be made for transfer of flat to my mother-in-law's name and then make a sale deed with the buyer and seller(my Mother-in-law).
Please advise.
Thank you
Best regards
Shankar Mohan
ajay sethi
(Expert) 14 August 2014
document which is not stamped and registered is in admissible in evidence . registration can be done maximum in 8 months time from date of execution of document
furnish certified copy of death certificate . get flat transferred in name of mother in law . NOc would be required from other legal heirs .
Rajendra K Goyal
(Expert) 14 August 2014
Consult a local lawyer and show him all the documents.
Raj Kumar Makkad
(Expert) 16 August 2014
As the society is cooperative and ready to transfer the property in the name of your mother-in-law, all other legal heirs of your FIL should furnish their respective affidavits to the effect that they have no objection if the property is transferred in the name of your MIL and further that there is no other legal heirs other than them mentioned in their affidavits. Original copy of death certificate shall be required. An indemnity bond on the part of your MIL shall also be required.
The society may require registration of sale-deed as per its bye-laws and in that event, stamp duty shall be payable on your part.
