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Ancestral Property Transfer to Legal Heirs
09-Jun-2026 (In Property Law)
Sir,
My Mother died in 2018 without leaving a will but only a nominee which was my brother. The society has transferred flat to him by way of nomination.Â
After the death of my father the flat needs to be transferred among all the 5 legal heirs.
What documents need to be submitted to society for flat transfer among the 5 legal heirs.Â
Any compulsory requirement of a succession certificate????
Will Family Settlement Agreement among 5 legal heirs suffice? Is stamp duty applicable to FSA.
Nomination does not override inheritance rights. A Family Settlement Agreement among all 5 legal heirs may be sufficient for society transfer, along with the death certificates, legal heir proof, indemnity/affidavits and other documents required by the society; a succession certificate is not always mandatory but depends on the facts and society's requirements. I can help you review the documents and advise on stamp duty implications of the FSA.
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Adv. Kartavya Sunil Ostwal
Aurangabad, Maharashtra | 5+ Answers
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Dear Sir/Madam,
A nominee merely holds the flat in trust for the legal heirs and does not become the absolute owner. In the absence of a Will, the property devolves upon all legal heirs as per the applicable succession law. A registered Family Settlement Agreement executed by all five legal heirs can ordinarily suffice for transfer by the society, along with death certificates, legal heirship proof, indemnity and other prescribed documents. A Succession Certificate is generally not mandatory for transfer of immovable property, unless specifically insisted upon due to a dispute. Stamp duty would be payable on the Family Settlement Agreement as per the applicable provisions of the Maharashtra Stamp Act.
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Adv. Devashish Dilip Wani
Mumbai | 25+ Answers
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A nominee is only a trustee/representative for the legal heirs and does not become the absolute owner merely by nomination. If your mother died intestate, her legal heirs acquire rights as per succession law. The society’s transfer in favour of the nominee does not extinguish the rights of other legal heirs.
If all five legal heirs agree, a properly drafted and stamped Family Settlement Agreement can be executed and submitted along with death certificates, legal heir certificate (if available), affidavits/NOCs of all heirs, KYC documents, and society transfer forms. In such a case, a succession certificate is generally not mandatory for transfer of a flat, though specific society requirements may vary.
For complete title clarity and future transactions, a registered family arrangement/deed is advisable. Stamp duty may be applicable on the Family Settlement Agreement depending upon its terms and the applicable State stamp law. Obtain the society’s written requirements before submission.
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Adv. Vinod Todiwan
Navi Mumbai | 5+ Answers
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A nominee is only a trustee/representative for the legal heirs and does not become the absolute owner merely by nomination. If your mother died intestate, the beneficial interest in the flat devolves upon her legal heirs in accordance with the applicable succession law. If all 5 legal heirs are in agreement, a properly executed Family Settlement/Family Arrangement can ordinarily be used to record their respective rights and the agreed mode of transfer. A succession certificate is generally issued for debts and securities and is not ordinarily the document used to establish title to an immovable property. The exact requirements of the Society may vary, but typically death certificates, legal heirship documents, indemnities/affidavits and the family settlement documents are called for. Stamp duty implications on a Family Settlement depend on its terms and the applicable State stamp law. You may contact me through my LawRato profile for a detailed review of the documents and the most appropriate course of action.
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Adv. Siddhesh Bhosle
Mumbai | 25+ Answers
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Nomination alone does not make the brother sole owner. A succession certificate is generally not mandatory for transfer of the flat among undisputed heirs. A properly drafted (preferably registered) Family Settlement
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Adv. Vishal Bhagwan Punwani
Mumbai | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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