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How to transfer flat of deceased husband in my namey

(Querist) 25 September 2015 This query is : Resolved 
my husband did not made any will.flat in Maharashtra is on his name.I am paying property tax every year.I have a minor son as well.pls tell the procedure and documentation to transfer property in my name
SAINATH DEVALLA (Expert) 25 September 2015
U and UR son are class 1 legal heirs of UR deceased husband.Hence there would not be any problem.Have U obtained legal heir certificate?
Yajat (Querist) 25 September 2015
no .pls tell me how to obtain legal heir certificate
Kumar Doab (Expert) 25 September 2015
You may check who issues Legal Heir Certificate at your location e.g; Sub Tehsildar.

If the deceased husband has mad nomination in your favor then the society shall keep on dealing with you for admin matters.
For the transfer of flat in name of legal heirs/successors you may first go thru personal laws applicable to your faith e.g; Hindu,Muslim etc……………then obtain the requisite forms/formats from society office and comply to the procedure.


SAINATH DEVALLA (Expert) 25 September 2015
When did UR husband die? Even for other transactions like bank accounts,pension and other benefits if he was an employee legal heir certificate is essential,why didn't U obtain it till now?
Yajat (Querist) 26 September 2015
My husband nominated me in his all bank account and pf as well. so amount transferred in my account and getting pension too.but not nominated in flat.I have searched on internet Hindu act.that says flat will be divided in three . wife son and mother of the deceased if there is no nomination.is that correct?
Rajendra K Goyal (Expert) 26 September 2015
If this is society flat, consult society office to guide regarding the formalities. May take help of some lawyer.
Kumar Doab (Expert) 26 September 2015
Nomination in society is not parallel route to succession.It is only for admin convenience.


Thus even if you are nominated in Flat or even in say bank a/c you are not the sole beneficiary.


The nominee has to distribute the proceeds to all ClassI legal heirs (mother,spouse, sons,daughters) equally.



The society may have a simple procedure in the absence of nomination and other legal heirs may agree to give NOC/relinquish their share in your favor.

Yajat (Querist) 28 September 2015
how can transfer byke of my husband on my name so that I can sell it.purchased byke from Maharashtra but staying in different state.


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