Transfer of flat in cooperative society in mumbai

Dear Sir,

 On your mother's death, her share will be transferred in the name of her nominee by the society. Nominee would hold it in trust for other heirs ( As per will or otherwise). Flat can not be transferred in the name of your father, just because he is joint owner, unless it is willed to him by your mother.

There is no nominee appointed by my mother. There was no will by my mother.  Doesn't the flat pass on to the next surviving joint holder? My mother and father held the flat jointly. Please let me know

Originally posted by : James
	There is no nominee appointed by my mother. There was no will by my mother.  Doesn't the flat pass on to the next surviving joint holder? My mother and father held the flat jointly. Please let me know

Mother has died intestate and her share / all properties will go to her heirs as per the inheritance law. In the meantime you may intimate the society about your mother's demise and get it noted in the society records.

It seems that the queriest (and/or his/her family) wants to transfer the flat to the surviving father.

This is understandable and probably common in many families to transfer the property in the name of a surviving member.

What will be the procedure in this case?

Probably all heirs have to sign?

Seeking advice from the learned forum as to the correct approach:

Dear Mr. James,

1)  Simple route could be, all the surviving heirs give their NOC, duly notarized to society for transfer of flat in your father's name. Your father would also be required to furnish the indemnity to the society, which if convinced / satisfied,  would note your father's name on share certificate and records. Please talk to society and try to work out the arrangement.

2) If all the heirs do not agree, only route is to approach court to decide heirs and succession.

Thank you for your valued advice. My father purchased the flat with his own money. Does he still have to get the consent of the surviving heirs of my mother (I.e all their children's consent).? What is the purpose of having joint ownership if the surviving owner does not automatically become the owner when the other joint owner dies? I'm confused could you please elaborate. Thank you in advance.

Seeking valued opinions from this forum

Seeking valued opinions from this forum

Seeking valued opinions from this forum

I really would appreciate some valued advice. Thank you

Dear Sir,

I got this kind of legal advice from the professional property lawyers through online,

Get  online free legal advice @ pathlegal.in website

Dear James,

Situation is already made clear to you.

As far as academic discussion is concerned, when flat is owned jointly, there would be general presumption of it being owned 50% by each. One of the owners, particularly after the death of joint owner, can not say he exclusively owns it. In that case he will have to prove his claim in a court of law against all the heirs of the deceased partner. That is how it should be ; else partnership / joint ownership will get diluted. Some one just lending his name is a Benami owner and other repurcusions would follow.

Thank you expert V.M. Dahake for your valued advice.

Who all would be the legal heirs of my mother?

My father and all us siblings would be legal heirs. We are Christians, so which sucession law would apply to us. Please let me know who all would be the legal heirs of my mother. Would the spouses of my siblings also be considered as legal heirs?

Thank you.