Death of joint holder and transfer of flat in mumbai

Since your father is one of the co-owner of the flat, it automatically passes on to him, no need to file succession or consent of siblings. 

Under the Transfer of Property Act, every joint or co-owner has a proprietary right of the entire property.

Thank you for your advice. I an answer on legal path.com, which is different from your advice. Pleas see below. Please let me know correct approach.

IF there is a joint owner of the shares shall be transferred to the joint owner only with the permission of the legal heirs of the deceased member.Seperate affidavit giving NOC is needed to be filed before the society.

Legalpath.com is a paid site/ consultancy, which will have better (oblvous) advise than whatever rendered "FREE OF COST".

However, experts have their personal competance, capability ability, agility and analytical approach which is bound to differ, it is you to choose, which is better/ preferred and more suiting to you.

I reiterate my opinion.

As far as the shares of the flat in the society is concerned, the advise what was rendered in the path legal forum and reproduced in your post is absolutely right, because, though a joint holder,the consent of the heirs of the deceased has to be obtained because the other holder is entitled only to half of the share n the property and in respect of other half, the legal heirs of the deceased have to relinquish their rights by executing a registered Release deed, thus they are required to give a NOC in the form of an affidavit for transferring the shares to the other holder.

Thank you Advocate Kalaiselvan.

From your response, I understand the legal heirs of my mother would  need to execute two documents - one is the 'Registered release deed" so as to relinquish all their rights in the flat in favor of my father so that he is now 100% owner of the flat and the second document is the N.O.C to the society to transfer the flat in my fathers name- have I understood you correctly?

If we do a  "registered release deed" now then how much stamp duty and registration fees will need to pay? Will there be any  capital gains tax involved? The flat is located in co-operative housing society in Mumbai.

If we do not do the registered release deed and the legal heirs of my mother, just give a N.O.C to the society to transfer the flat in my fathers name, then once the flat is transferred in my fathers name and he makes a nomination - then can the nomination be challenged later on (when my father is no more) by any of the legal heirs(i.e. the signers of the N.O.C) on the grounds that there was no release deed done and that they still have a right to the property as they are legal heirs of my mother even though they signed the N.O.C?

I thank you in advance for your valued  and other legal experts valued opinion

Thanks a lot for your useful information.

Buy a Property in Chennai

Could some expert please answer my question, I would appreciate it.

From your response, I understand the legal heirs of my mother would  need to execute two documents - one is the 'Registered release deed" so as to relinquish all their rights in the flat in favor of my father so that he is now 100% owner of the flat and the second document is the N.O.C to the society to transfer the flat in my fathers name- have I understood you correctly?

If we do a  "registered release deed" now then we would have to pay stamp duty,registration and  capital gains tax, even though we are not getting any money. Instead can we do a gift deed ? as if we do gift deed, it will attract only stamp duty and no capital gain tax now.
The flat is located in co-operative housing society in Mumbai.

If we do not do the registered release deed/gift deed and the legal heirs of my mother, just give a N.O.C to the society to transfer the flat in my fathers name, then once the flat is transferred in my fathers name and he makes a nomination - then can the nomination be challenged later on (when my father is no more) by any of the legal heirs(i.e. the signers of the N.O.C) on the grounds that there was no release deed/gift deed done and that they still have a right to the property as they are legal heirs of my mother even though they signed the N.O.C?

I thank you in advance for your valued  and other legal experts valued opinion