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Transfer of property after death
10-Jun-2025 (In Property Law)
My mother had a flat in CHS with 100 % shares. After her death it was transferred to my Father. My father made a will to transfer flat in my name. Other heirs gave NOC for transfer.
Is the will legal?
Is father a mere trustee or the owner?
Is there a need for newspaper advt. ?
Is there any need to register release deed?
Yes, your father became the legal owner of the flat after your mother’s death, as all heirs gave NOC and the flat was transferred to him by the Cooperative Housing Society (CHS). Therefore, he is not a mere trustee but the rightful owner.
The Will made by your father in your favour is legal, provided it is duly signed by him and attested by two witnesses. Registration of the Will is optional but adds evidentiary value.
If your father is now deceased, the Will must be probated (in Mumbai, if the flat is within municipal limits), which legally confirms its validity. Once probated, the CHS can transfer the flat to your name.
A newspaper advertisement is generally not mandatory unless required by society or during probate proceedings.
Since all heirs gave NOC earlier and if they reaffirm no objection after your father’s death, there is no strict legal requirement for a registered release deed. However, getting a registered release deed from other legal heirs can avoid future disputes and is advisable.
Helpful?
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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there is also probate of will
and many other things
request you to kindly consult in detailed with an advocate
there is also probate of will
and many other things
request you to kindly consult in detailed with an advocate
Helpful?
Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
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Dear client based on your query, ownership validity hinges on the will's execution and the nature of the transfer; procedural compliance ensures legal clarity, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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If your father has obtained a legal heir certificate after the death of your mother he can very well transfer the property to any person of his choice. Howwever if he has not obtained the legal has certificate in that scenario he needs to obtain the legal heir certificate first and then the legal heirs can transfer the property in your name by executing release deed or a gift deed.
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Adv. Neelkanth Goswami
Thane | 400+ Answers
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If your society is ready to accept the Will and transfer on your name then it is ok , otherwise you have to get a release deed of other share holders on your single name and also publish it in a newspaper about transfer of ownership .
Helpful?
Adv. Deepak Tiwari
Mumbai | 50+ 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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