Renting flat after death of owner without transferring ownership

Is it a co-operative housing society? If so at first you must get the flat transferred to the name of the legal heirs. Had your father written a will?  If so the flat has to be transferred according to the will in the books of the society. If not you will have to obtain succession certificate. After that you have to apply to the society to make three of you members of the society. The society will admit one of you as member and the other two associate members as per your request. After that you can rent the flat provided there is understanding among the three of you.

If your father had written a will, you will have to obtain a probate on the will if the flat is situated in the metropolitan city of Mumbai. I do not know whether Navi Mumbai is considered as part of the metroplitan city for this purpose.

The Maharashtra Co-operative Societies Act, 1960 has been amended in the year 2019 making transfer of flats of deceased members very stringent.

If the managing committee of your society is willing they can make you provisional members without going through the formalities as stated above. The rights of a provisional member are not specified under law. But according to me as provisional member also you can rent out the flat provided that there is no dispute among three of you.

First, get the society mutated in all the co-sharer names if there is no nomination.   If there is nomination, the society is under obligation to accept for transfer of such ownership in the society's books.  Legally, unless the property is divided into metes and bounds in the name of all individual cosharers., the property remains joint and any co-sharer transaction can be only as trustee only.  Contact a local advocate and explore whether POA by all co-sharers in your name for letting out the property is a better option.

Yes, you can rent out the property left behind by your father on behalf of all LRs.

Legally speaking the flat can be rented out only after ownership of the flat is transferred to legal heirs. Sec 154B-13 of the amended Maharashtra Co-operative Scieties Act, 1960 deals with transfer of flat on the death of a member. Please visit

https://lj.maharashtra.gov.in/Site/Upload/Acts/Mah_Act_No_XXIII_of_2019.pdf

Dear Querist,

It depends upon the fact, if the flat comes under a cooperative society then it is important to get the flag transferred to the name of the legal heirs. 

If it’s an ancestral property then mother or brother can’t stop you from transferring the property rights but if the father has left a will then the same would be considered for transfer of property.

It is important to get the ownership first to rent out the flat. Sec.154B(13)of the amended Maharashtra Cooperative Societies Act, 1960 deals with transfer of flat on the death of a member.

Regards,

Palak