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Flat in my mothers name, how to transfer ownership after her death


04-Mar-2023 (In Property Law)
 i am the only child for my parents. I am presently 37 years old. 5 yrs back my mom died and one month back my dad too expired. We have a own flat in chennai in the name of my mother. I want to sell that flat as now i am living with my relatives at hyderabad. What is the procedure as the flat is in the name of my mother?
Answers (3)

Answer #1
747 votes
You should get a succession certificate for title clearance in your name. Once you have this u have a valid title in your name. You may also take necessary steps for changing revenue records, eb, water tax and other payments to your name.

Answer #2
583 votes
I assume that your mother has not left a "Will". If it is so, then your mother's property automatically devolves on her legal heir (you and your father). Since your father is also no more, you have become the full owner of the flat which is in your mother's name. Apply for death certificate and legal heir certificate. In addition, while selling the flat, incorporate the details of death certificate and legal heir certificate of both your mother and father. There is no need to apply for transfer of ownership of your mother's flat after her death.
Answer #3
545 votes
Sir/ Madam.
In your case the law of inheritance operates in your favour, since you are the one and only legal heir for your parents, you are vested with all powers to deal with your property. Since your mother on whose name the property stands and your mother having died intestate, you being the only child assumes legal heirship in law.so you apply the death certificates of your parents and also the legal heir certificate from the concerned authorities and confirm that your name alone is written in the legal heir certificate and after that present an application along with the legal heir and death certificates to the corporation of Madras to change the ownership of the property from your mother's name to your name. And if you want to sell the property directly you can publish a public notice in any of the regional language newspaper through an advocate mentioning all the above said particulars. Thank you

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