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Procedure to transfer property after mother's death


01-May-2023 (In Property Law)
Mother died 3 months back.we do not have a will.whats the procedure for transferring immovable properties which are in her name.Iam a Hindu brahmin
Answers (3)

Answer #1
918 votes
Dear Querist, It is important to know that what properties are in her name. IF only a flat is society is in her name then try to contact the society by making an application for transmission of shares by submitting consent Affidavit of all legal heirs.

Or else if there are land/ plot then you need to apply for Letters of Administration from the Competent Civil Court, if in Mumbai then Bombay High Court. The Procedure would take 6-8 months, post that the properties can be transferred to legal heirs.

Please feel free to call us, for any further queries.

Regards,
Rakesh V. Misar
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Answer #2
896 votes
You will have to apply for Succession certificate or letters of administration depending where you live. You will have to apply to the district court for Succession certificate in respect of the properties belonging to your mother.

Answer #3
787 votes
Its depend upon from whom or how she acquired the property. Weather it is ancestral property or self acquired ? different provision is applicable for each case. You have to discuss all details then only anybody can express opinion over it.

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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