Transfer of Flat for Legal heir

982 votes

The society may require the death certificate, Will, probate (if applicable), transmission application, indemnity bond and KYC documents of the legal heirs. The nominee holds the property in trust for the legal heirs and I can assist you with the transmission process and documentation requirements.

Advocate Riddhi Pratap Bothara LawRato

887 votes

I can help you. Please feel free to contact me to discuss the documents required under the applicable society bye-laws and the transfer process in your specific case. After reviewing the relevant documents, I can advise you on the appropriate procedure to be followed before the society.

Advocate Kartavya Sunil Ostwal LawRato

626 votes

Dear Sir/Madam, The answer depends on the nature of the Will and the location of the property. If the flat is situated in Mumbai (or other areas where probate is mandatory), the Will generally needs to be probated before the society transfers the shares or membership. A nominee is only a trustee/custodian and does not become the absolute owner merely by nomination. The rights of the legal heirs and beneficiaries under the Will prevail. Typically, the society may require: 1. Death Certificate of the deceased member. 2. Copy of the Will. 3. Probate of the Will (where required by law). 4. Application for transmission/transfer of shares and membership. 5. Indemnity Bond and undertaking, if required by the society. 6. KYC documents of the beneficiaries/heirs. If the Will specifically bequeaths the flat to all three siblings, the property will devolve in accordance with the Will, notwithstanding the nomination in favour of the elder brother. The nominee cannot exclude the other beneficiaries merely on the basis of nomination. For a precise opinion, it would be necessary to know: (i) the location of the property, (ii) whether the property is in a co-operative housing society, and (iii) whether probate has already been obtained.

Advocate Siddhesh Bhosle LawRato

984 votes

If your father has made a Will, then irrespective of your brother being a nominee in the flat, the property shall be distributed on accordance with the terms of the Will. Feel free to contact me for seeking any legal advice/assistance as regards the same.

Advocate Prerna Shukla LawRato

852 votes

A nominee is only a trustee. Ownership devolves as per the Will and succession law. Submit death certificate, Will, legal heir details, NOC/consent affidavits and society transfer forms as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato