No will, no nomination

Dear Harsha,

Being intestate death of your father, the property in question will devolve upon the legal heirs of the deceased.  In that case, you, your sister and your mother is entitled to 1/3rd share each.  The property can be transferred to any one of you by releasing their respective shares by the other two persons.  If you want the property in your name and your mother, you may obtain a release deed only from your sister, releasing/reliquinsing her 1/3 rd share to both of you.  There would not be much stamp duty or registration fee, as this being a family transaction. 

Regards,

Gopal

Dear Gopalkrishnan..Thanks for your advice..

1) "The property can be transferred to any one of you by releasing their respective shares by the other two persons. "
What is the procedure for transfer of flat?  Is change of name on the share certificate the only proof of the change of ownership of the said flat?

2)"If you want the property in your name and your mother, you may obtain a release deed only from your sister"
What is the procedure to get a 'release deed' done..?

What do you meant by share certificate as I am belong to chennai and I am not conversant with procedures and regulations followed in the state in which you belong.  Clarify

1)  As far as Tamilnadu is concern, in respect of flat, here the people would have sale deed for undivided share for land and construction agreement for the built up area.

2) If the flat is allotted by the State Government, the people would have Allottment Letter, Lease Cum Sale Agreement and other correspondance from the State Government.  On the completion of the payment of the cost towards the flat, the State Government will register the sale deed in favour of the allottee for both land and built up area.

If your query falls any of the above two, then a Release Deed (it is also called as Relinquish Deed in some states) to be prepared by the Releasor (one who is releasing the property in favour of others) to the Releasee (one or two who are going to be benefited)  and typed in a Stamp paper (prescribed amount of stamp duty as per your state) and got to be registered in the Sub Registrar Office.  Complete descripttion of the property to be incorporated in the Release / Relinquish Deed and  releasing share.

And one more thing while the flat is in the allotment stage, i.e., the allotment to be transferred to any one of the family members on obtaining the NOC from the other members is normally practised herein in Tamilnadu.

i stay in a flat in Mumbai. This flat is in a Co-op Housing society registered under Maharashtra co-op society act.
each member (owner of flat) is given  'shares' of the society.
On the death of the owner, the flat is transferred to his/her legal heir by transferring the share certificate in thier name... i wanted to know weather that is the only proof of change of ownership of the flat?

Guess, someone from Maharashtra would like to put some light on this issue...

Thanks

Dear Shri Harsh Ji,

As suggested by the Advocate Shri Gopalakrishnan Ji, please obtain an irrevocable release deed from your sister in favour of your mother and yourself.  Locally it is called hakka sod patra which means 'rights relinquish letter' .  It could be in the form of an affidavit.  Mention in it that the deceased had only three legal heirs and none other than these three.  You and your mother may also testify this fact in a separate affidavit and along with these two documents, apply to the Society for transfer of the flat in the name of your mother and yourself.  Since the transfer is within the family, no transfer is payable.  The Society may then decide on your claim and take decision in the matter.  Bylaw no.35 of model co-operative housing societies in the State of Maharashtra is applicable in your case.  If there are no disputes within the family, the Society managing committee will take decision in your favour and after due process will transfer the property in the name of your mother and yourself.  Change in the share certificate is the final confirmation of this act.  Receipt issued by the Society for monthly maintenance charges is also an important document.  Till such time the process is completed, the Society will issue the receipt in the name of your father only.  After the Society completes the process and gives you a copy of their resolution, you may apply to the Brihan Mumbai Mahanagar Palika for change in the property record.  You may also get the electricity bill changed in your name.  In case you need any further clarification, please feel free to contact me on my personal email ID shyaam.agrawal@gmail.com

Shyamji,
 

Thanks a lot for such elaborate explaination. Will surely contact u on ur personal email if needed.