Transfer of property after father's death without will


My father passed away last month without making a will for his properties or nomination for his bank account. I (Son), my mother and my married sister (All Hindu)are now legal heirs to his assets. The details of his assets are described below. 1) One house in Mumbai co-owned by our father and mother. 2) One shop in Mumbai co-owned by our father and mother. 3) One registered and stamp duty paid plot in Vrindavan (Uttar Pradesh) in our father’s name. 4) A savings account (Co-Operative Bank – Mumbai) 5) Long Term (Tax saving) and Short Term Fixed deposits in said savings account. Our family has mutually agreed for all the assets to be transferred to our mother and make her the sole owner. Fortunately we do not have any disputes amongst ourselves and are willing to co-operate in the process in every possible way. We’ve already made an application to respective housing societies in Mumbai for the share certificates to be transferred in the name of our mother. Kindly assist with solution.

Answers (2)


298 votes

Your mother needs to file a petition for obtaining a succession certificate in her name before the Hon'ble City Civil Court. Once a succession certificate is obtained then all the properties of your late father will get transferred on your mother's name. For more detailed advice kindly book a consultancy call.


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246 votes

Since your father has died without making will, all the properties or share of father in those properties are legally devolved upon you, your mother and sister as 1/3 share each.
You can take heirship certificate from court in the name of your mother and there after both your and your sister can gift your respective share in your mother's name to make her perfect owner of those properties. Bank will give all the dues to your mother after giving copy of heirship to them.

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