Transfer of flat of deceased memeber without nomination
priyanka naringrekar
(Querist) 08 April 2013
This query is : Resolved
Hi,
In our case my mother died without making any nomination. she owned a flat in Co operative housing society in Mumbai. In our family we are three people who are legal heirs of this property i.e My father, brother and myself.
I and my father has agreed to transfer the flat on my brothers name . We have also given "hakka sod patra" to our society. We do not have any loan or any other claims against that property.
Can anyone please let me know the procedure of transfer of flat on my brothers name as per the by laws of maharashtra CHS act?
Please clarify do we have to post any advertisment in the news paper? if i think logicaly i and my father(and my brother) are only legal hairs of the society,however is it cumpulsory to post any news paper advertisment? in our case succession certificate is required?
Please help me out as soon as possible
prabhakar singh
(Expert) 08 April 2013
Obtain a heirs certificate from area tehsildar/SDM,Execute N.O.C. in name of brother and apply to CHS for mutation of share certificate in the name of your brother.
priyanka naringrekar
(Querist) 08 April 2013
Thanks for your reply.
However can you please explain me the detailed procedure of transfer of flat. our society is a private society.(Its Not under Mhada,or collector land,or government etc.)
ajay sethi
(Expert) 08 April 2013
since no nomination has been amde by the deceased society can transfer flat in the name of legal heirs . make an application to society to transfer flat in name of your brother . both you and your father can furnish NOC in writing . on execution of indemnity bond society may transfer flat in name of your brother .advertisment has to be released in local newspaper
if society insists you will need to obatin letters of adminsitration from bombay highh court as your mother died without making a will .
prabhakar singh
(Expert) 08 April 2013
I think no letter of administration or probate would be issued to you by any court as the owner (your mother) died intestate.
There is no more procedure to tell you that if CHS refuses the mutation on the basis of N.O.C. and indemnity bond and heir certificate,you would need to apply for a succession certificate by an application to be moved under 372 of Indian succession Act by your brother with regard to share certificates issued by CHS in name of your mother making you and your father as opposite parties and you two(father and sister) can file a consent or no objection affidavit in favor of your brother then court would accordingly issue a succession certificate in favor of your brother and accordingly CHS would be then bound to mutate.
For a private CHS rules you should ask the management for a copy.
Adv k . mahesh
(Expert) 08 April 2013
succession certificate to be obtained from the high court as all of you and legal heir certificate will not be issued as if your father is state government employee then only legal heir certificate will be issued and a paper notification has to be given stating that transferring all of your rights to your brother
Devajyoti Barman
(Expert) 08 April 2013
relinquish your share in favour of your brother and on this basis he can ally for his share certificate.
