Transfer of mhada property to my name
Alok Kaushik
(Querist) 24 May 2021
This query is : Resolved
I stay in a MHADA Property which stands in my parents name. Both of whom are no more. I stayed with them since this House was alloted to us and possession taken by my parents. My mom passed away in 2014. After her passing away... my dad intimated MHADA multiple times of her passing away alongwith her death certificate and that he wanted to make me as the joint owner with him... There has been no response from MHADA to date... My dad passed away due to Covid last year. Before his demise in July 2020 He had got a will made nominating me to everything including our house. Unfortunately due to lockdowns we couldnt get the will registered before his hospitalisation and demise in hospital. He had filed the nomination papers in the society last year. I have only a sister as sibling and she is one of the witness to the will.. She also signed a release deed in my favour but due to lockdowns the same could not be registered... What are the steps (procedure) I need to follow to get the House transferred to my Name with my wife as joint owner with the kids as nominees.
Dr J C Vashista
(Expert) 24 May 2021
Nominee is just a custodian of the property till it is handed over to legal representatives of deceased, if it is transferred to the nominee.
When your father (since deceased) has executed a will in your favour, which is not necessarily required to be registered but witnessed (to be proved by them- i.e., witnesses) let it be probated in the civil court of jurisdiction, which will consider all relevant facts/ documents including relinquishment deed(s) of siblings.
Your wife can not be included as joint owner of the property if she is not a beneficiary in the will.
Show the documents to a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.
T. Kalaiselvan, Advocate
(Expert) 24 May 2021
You first get the Will probated through a court competent because it is mandatory to get the Will probated in the presidency towns like Mumbai.
After getting the Will probated, you can apply for transfer of this property to your name by submitting an application to the competent authority and acquire the property.
After this acquisition, you can submit an application for making your wife and child s nominees to the property on your name.
P. Venu
(Expert) 24 May 2021
Yes, it is not necessary that the Will be registered; it is valid even in the absence of registration. It is required to be probated if the property is situated within the City of Mumbai.
However, the Will takes care only of the father's share in the property. On the death of the mother the property is jointly vested with the father and the children. As such, you cannot be the sole owner of the property unless the sister executes the relinquishment deed,
In that view of the matter, on the death of the parents property is jointly vested with you and the sister. Once the sister executes the relinquishment deed, you could be the absolute owner of the property.
Hence the Will could very well be ignored so that the hassles in getting the Will probated could be bypassed.
Once the conveyance is complete, the same could be registered with the MHADA at your discretion.
kavksatyanarayana
(Expert) 24 May 2021
Agreed with the replies of the above learned experts.
