Procedure to transfer deceased father's property to mother's name

My father died without a will. He is survived by my mother, me (female) and a brother. We are a Hindu family. My father owned a flat in a CHS in Mumbai. We have found a buyer for the flat. But we need to transfer the flat to my mother's name and complete the sale. What is the easiest and cheapest way of doing this? If the housing society transfers the share certificate in my mother's name can we go ahead and sell the flat then? The secretary of the Housing society is asking for a bribe to transfer the share certificate in my mother's name. Should I just pay the money to get the transfer done expediently?

Answers (3)

122 votes

I would suggest you for the better solution rather then bribing the person and finding out temporary solution. I would rather suggest you to do the probate and transfer the property in your mother's name. The thing will definitely take time of three months but things would be perfect so I would advice you to go for the probate. Secondly can you tell me who's name was written in nominee??

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350 votes

The Secretary is actually bound to transfer the same to the appointed nominee. The proper was however is to apply for letters of administration / succession certificate and get the property transferred on that basis. Now you can raise this point in the society meeting and have the members and managing Committee agree to transfer in your mother's name. In case, the society meetings are irregular. You take your chance. Approaching the Co-operative registrar against the society, managing Committee will take time. And also lead to expenses. You can Lodge a police complaint against Secretary for illegal gratification, provided you have documents in order.

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Did your father nominate your mother in society. If yes then on share certificate your mother name will be get transfer. If not then you have to go for probate certificate from the court from where the property jurisdiction.

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