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Father died interstate want to transfer property on mother's name
04-Apr-2023 (In Property Law)
Religion -Hindu 1) My father expired 4 years ago without a WILL , so we need to change flat name to mother's name. Can it not be by default transferred without any judicial proceeding? 2)If NO ,then what easy process to be done and what can be the charges involved throughout (an estimate)? 3)Can will be directly transferred to my name as I am the son ? 4) If NO , then alongwith transfer to my mother's name can a WILL be made by my mother in that process? P.S : Flat in CO-operative HSG Soc, administration KDMC, Location: Kalyan
you have to obtain legal heir certificate from concerned Kalyan court. Charges depend upon valuation of property. You can contact me as I practice at Kalyan Court for more details ..
Adv Ashish Dongre
Adv Ashish Dongre
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Adv. Ashish Dongre
Thane | 25+ Answers
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Dear Querist, you have not stated how many siblings you have .
Answer to your Query No. 1. Yes, it can be transferred only if your Society is convinced and satisfied about the legal heirs of your father. If they are agreeable, execute an Affidavit cum Undertaking and Indemnity Bond, issue a public notice and consent affidavit of all other legal heirs.
Answer to Query No. 2, You including all legal heirs will have to apply for a Succession Certificate or Letters of Administration without will, before Civil Judge (Senior Division), Kalyan Court. If market value of your flat is above 12 Lakhs, then Court Fees of Rs 75,000/- plus professional fees of the advocate. The same would vary from advocate to advocate.
Answer to Query No. 3, If your society is ready for transmission than yes, it can be transferred, subject to your mother and other legal heirs, if any will have to give consent for such transfer.
Answer to Query No.4, As your father died intestate, all the legal heirs will get equal rights. It is suggested instead of making will of your mother, get the advantage of the stamp duty waiver on gift deed and transfer the rights through a registered gift deed to you. (As property is in KDMC limits, there will be a 1% Local Tax on market value of the Flat for Gift Deed)
Please feel free to contact us for any further queries.
Regards,
Rakesh V. Misar
Answer to your Query No. 1. Yes, it can be transferred only if your Society is convinced and satisfied about the legal heirs of your father. If they are agreeable, execute an Affidavit cum Undertaking and Indemnity Bond, issue a public notice and consent affidavit of all other legal heirs.
Answer to Query No. 2, You including all legal heirs will have to apply for a Succession Certificate or Letters of Administration without will, before Civil Judge (Senior Division), Kalyan Court. If market value of your flat is above 12 Lakhs, then Court Fees of Rs 75,000/- plus professional fees of the advocate. The same would vary from advocate to advocate.
Answer to Query No. 3, If your society is ready for transmission than yes, it can be transferred, subject to your mother and other legal heirs, if any will have to give consent for such transfer.
Answer to Query No.4, As your father died intestate, all the legal heirs will get equal rights. It is suggested instead of making will of your mother, get the advantage of the stamp duty waiver on gift deed and transfer the rights through a registered gift deed to you. (As property is in KDMC limits, there will be a 1% Local Tax on market value of the Flat for Gift Deed)
Please feel free to contact us for any further queries.
Regards,
Rakesh V. Misar
Helpful?
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Adv. Rakesh Misar
Mumbai | 200+ 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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