Transfer of property on my mother's name
Manish Vijay Kulkarni
(Querist) 02 December 2017
This query is : Resolved
Respected Sirs / Madams,
Unfortunately, my mother passed away last month. The house that we live in is in her name which we purchased in year 2000. I need to get the house transferred either to my Father's name or my Wife's name. Can anyone please guide me the legal procedure for this activity. I have a sibling and she does not have any objection to the transfer.
We stay in Dombivli, Mumbai surburb.
Inputs will be helpful as we are not getting correct guidance locally.
With warm regards,
Manish Vijay Kulkarni
Vijay Raj Mahajan
(Expert) 02 December 2017
Get the mutation of the property done in name of your father with your and your siblings NOC and death certificate of your mother. The legal heir certificate can be obtained from the SDM office of your district that too may be required to clarify the members who all legal heirs of the deceased woman.
Your wife is not legal heir of your mother during your lifetime.
Kumar Doab
(Expert) 02 December 2017
What is this property and under which authority say; in some Co-OP society!
The society office may guide you further and may agree to transfer on the basis of NOC and other requisite docs……….and you can relate with Model Bye laws..
In Mumbai the requirement of LOA may be pointed out by concerned authority.
Manish Vijay Kulkarni
(Querist) 02 December 2017
@ Shri Vijay Raj Mahajan...... many thanks for your indepth input.
Manish Vijay Kulkarni
(Querist) 02 December 2017
Shri Kumar Doab, the property is a flat in a coop society. I my self is chairman of the society, neighbouring flat was bought in my name, but recently appointed and am not well conversant with the by-laws, since I have engineering background and dont know about law. As you rightly mentioned will talk to past members of the society who have left but will know more about this transfer.
Kumar Doab
(Expert) 02 December 2017
LCI Expert Mr. Hemant Agarwal is expert on such matters and might be near to you.
He also maintains well nourished blog.
If you wish you can benefit from his expertise.
P. Venu
(Expert) 02 December 2017
On the death of the mother, the property is jointly vested with the father and the siblings. The siblings can relinquish their shares through a settlement deed so that the father could be the sole owner. Subsequently, the father can gift or bequeath the property to your wife.No legal heirship certificate is mandatory for registering a partition or settlement deed.
A mere mutation in the revenue records or change effected in the society records cannot be any consequence as to the title to the property.
Manish Vijay Kulkarni
(Querist) 03 December 2017
Thanks for your valuable time and replies. Will remain obliged.
Kumar Doab
(Expert) 03 December 2017
It is good to see that some querists come back to thank the Experts.
Kumar Doab
(Expert) 03 December 2017
Dear LCI Querist @ Mr. Manish Vijay Kulkarni,
The society office must be having the Bye Laws adopted by society and Model Bye Laws of the state.
You may comply with the requirements.
In case of any difficulties that you may face you can request LCI Expert Mr. Hemant Agarwal who is precise, concise and Expert in such matters and might be very near to you.
You may also go thru threads on similar queries that you can search thru SEARCH option of middle of Right hand side of his web page and even other options e.g; Articles, Bare Acts, News, Files etc .....
Mr. Hemant Agarwal has posted there also....
You can also go thru threads placed under the profile of Experts...
Kumar Doab
(Expert) 03 December 2017
Certainly you may avoid entities that post just to abuse and waste time at LCI, daily................and just to allure and fleece unsuspecting querists....
Manish Vijay Kulkarni
(Querist) 03 December 2017
@ Shri Doab... thanks for your message. Will try and get in touch with Shri Hemant if the need be.
Kumar Doab
(Expert) 03 December 2017
You are welcome............
Dr J C Vashista
(Expert) 03 December 2017
In a Cooperative Society the management seeks "nomination" of the member during his/her lifetime, that is sufficient to transfer the membership and flat in the name of nominee if other LRs have no objection and submit an application for transfer of share with a relinquishment deed of all surviving legal representatives of the deceased member as provided in Delhi Cooperative Societies Act, 2003, which has been borrowed from Maharashtra Cooperative Societies Act.
Please verify from a local lawyer.
