Transfer of property after death of the owner

1. Whether the deceased husband's mother is alive?

2. Apart from the son, are there any other sons and daughters?

1. Deceased husband's mother is not alive. 

2. There are other daughters but they do not have any objection in adding their brother's name

List all the legal heirs of the deceased.

Which personal law applies in your case?

Are you all Hindu?

Have the deceased i.e. your father, left any valid WILL?

Was any nomination made in society property?

The property is in which state?

Confirm!

Go thru society bye laws framed in accordance with Model Bye laws , Model Bye laws /Society Act in the state should be available in society office and even state govt website and even on internet..

The society office bearers must have already guided you…

The death certificate and legal heir certificate/affidavit, indemnity per procedures of society are basic requisites…

The society may accept NOC from other legal heirs..

The valid/registered deed e.g; relinquishment/release/transfer/gift/sale acceptable to society are other (good) perspectives…

Check from society office.

On the death of the husband, his share in the property will go equally by way of inheritence to all his Class-I legal heirs who are - his wife (widow), sons and daughters.

Therefore, if the share of the deceased husband has to go to his wife (wodow), then all the other legal heirs have to give a Registered Relinquishment Deed in favour of their mother.

Based on this, the Society will make the wife (widow) 100% shareholder.  That will also ensure (based on the original documents of the property + registered relinquishment deed) that the wife (widow) is the 100% owner of the flat in question.