676+ Lawyers are online 
How to become a legal owner of property and what are the expenses
18-Feb-2023 (In Property Law)
I have a flat in Pune in a co-operative Housing society in Pune, Maharashtra. It is a self acquired property. I have paid the entire amount for this Flat and have all transaction details as it was completely done by cheques. I took this property in name of my (1) Mother (2) Father (3) Myself. Presently I have following members in my family - 2 elder sisters both married, myself and father. My mother expired in year 2013 leaving an UNREGISTERED WILL. My cooperative housing society is now in the process to distribute share certificates. My society is asking for NOC from all legal heirs to give share certificates in my name. (1) My request is how to go further on this, so that I can become the rightful legal owner of this flat? (2) How much legal expenses will come for this? Regards Mukul
You will have to apply for the legal heir certificate to the Tehsildar of your Taluka along with death certificate of the person and an affidavit.
In the affidavit you will have to show the legal heirs of the deceased.
Also, If a female Hindu’s property who dies intestate will devolve as per the rules set out in Section 16 where firstly it will go the sons and daughter it also includes the children of any predeceased son or daughter and the husband. Here even though mother died without executing any Will the property shall devolve to the daughter/son. Supreme Court had in one of its decision, set at rest the long drawn controversy related to inheritance of property which belonged to a Hindu married woman who died intestate held that her husband’s side cannot claim it if she had got the property from her mother’s side. Supreme Court relied upon Section 15 of the Hindu Succession Act 1956 and thus decided the matter. The court said Section 16 of the Act “evolves a new and uniform order of succession of property (by a female Hindu) and regulates the manner of its distribution”.
Thus, you will have to register a relinquishment deed in your favor signed by you sisters and Father and then the property will be transferred to you.
Expenses incurred differ in every case, it depends on the attorney you've engaged etc.
In the affidavit you will have to show the legal heirs of the deceased.
Also, If a female Hindu’s property who dies intestate will devolve as per the rules set out in Section 16 where firstly it will go the sons and daughter it also includes the children of any predeceased son or daughter and the husband. Here even though mother died without executing any Will the property shall devolve to the daughter/son. Supreme Court had in one of its decision, set at rest the long drawn controversy related to inheritance of property which belonged to a Hindu married woman who died intestate held that her husband’s side cannot claim it if she had got the property from her mother’s side. Supreme Court relied upon Section 15 of the Hindu Succession Act 1956 and thus decided the matter. The court said Section 16 of the Act “evolves a new and uniform order of succession of property (by a female Hindu) and regulates the manner of its distribution”.
Thus, you will have to register a relinquishment deed in your favor signed by you sisters and Father and then the property will be transferred to you.
Expenses incurred differ in every case, it depends on the attorney you've engaged etc.
Helpful?
19+
19+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
As it is self acquired property by your own means hence you can get the no objection certificate from your sisters for transferring right over the flat on your name. For more details you need to consult.
Helpful?
11+
11+
Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
CONTACT NOW
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
