Legal heir of property
Querist :
Anonymous
(Querist) 01 May 2023
This query is : Resolved
Dear Sir/Madam
My residential flat was in the name of my original mother and she died in 1999 and flat agreement was not registered and my father submitted hand written WILL of my mother and declaration and NOC of myself and my three sisters which was not registered and society has transferred share certificate in his name. My father also sereved as secretary of society. My father remarried in 2010 withdivorcee and she doesnot have any leagal children.
Meantime our society has gone in to redevlopement , all douments of society with builder has signed by my father as a secretary. Redevlopment agreement with builder with all society members is signed by my father but before entering in to personal agreement my father died. so I request you to clarify following.
1. Release Deed will be prepare from my mother or my father ?
2. Who will be their legal heirs of property ?
3. What will be the percentage of my step mother ?
4. Regitrar is considering my mother as OWNER as no WILL probation or regitered Release deed is submitted and society is not
accepting my original mother as a owner so who will be real owner ?
5. if society is not accepting my original mother as a owner and not ready to give NOC then how to proceed ?
6. If we tranfered some percentage to my step mother then can we become her legal heir after her death?
kindly clarify the same
Thanks
T. Kalaiselvan, Advocate
(Expert) 02 May 2023
The legal heirs of your mother can succeed this property in the redevelopment process;
If this property belonged to your mother, then she may be entitled to a share out of your father's share in the property along with his other legal heirs.
Without any valid reason or proper scrutinisation of the relevant documents the society cannot conclude the ownership or title to the property of the deceased owner.
You can proceed with a suit for injunction against the society and also a direction to furnish NOC.
No, since you are all are step children, hence
kavksatyanarayana
(Expert) 02 May 2023
I opine the flat was not registered, so the society could not be issued a transfer share certificate in your father's name. But the society issued the share certificate as your father was a secretary of the society. For the flat, there is only proof of an unregistered agreement which is in the name of your late mother. So all the legal heirs of your mother(yourself, your 3 sisters, and your father) have equal rights over the flat. As your father has died his share will go to you, your 3 sisters, and your stepmother in equal shares.
1. Release Deed will be prepared by my mother or my father?: How they both died now.
2. Who will be their legal heirs of property? : Yourself, your father(now stepmother as your father died) and your 3 sisters.
3. What will be the percentage of my stepmother? : in your father's share she will get an equal share with you and your sisters.
4. Regitrar is considering my mother as OWNER as no WILL probation or registered Release deed is submitted and society is not accepting my original mother as an owner so who will be the real owner?: Your mother. file a case against society. First, complain against the society to the Registrar of Coop.Societies/RERA.
5. if society is not accepting my original mother as an owner and is not ready to give NOC then how to proceed?: as above.
6. If we transfer some percentage to my stepmother then can we become her legal heir after her death?: No.
P. Venu
(Expert) 03 May 2023
A transfer of name in the name does not amount to transfer of property in the flat.
On the demise of your mother, the property has been devolved upon the legal heirs if there had been no Will. Now that there had been a Will, who were the legatees? The property is jointly vested with them.
Dr J C Vashista
(Expert) 03 May 2023
Let it be clear that share certificate issued by Society do not confer title of the property.
Which is your State/city ? If it is Maharashtra,Tamil Nadu or West Bengal; the hand-written "will"of your (biological) mother shall (compulsorily) has to be probated before transfer of title of the property left behind by deceased (mother).
Reply to other questions will depend upon answers to my queries.
Sudhir Kumar, Advocate
(Expert) 02 May 2023
