transfer of title post LA grant

955 votes

After obtaining the Letters of Administration (LA) / probate order, you generally need to first establish that the LA specifically vests the flat in you as beneficiary, and then have the society/competent authority record the transmission in your individual name under the testamentary/succession document; Maharashtra law recognises transfer of a deceased member’s share, right, title and interest on the basis of testamentary documents. For the Index-II/title record, if the existing registered title document continues to show the deceased, the usual route is to approach the concerned Sub-Registrar/Registration Department with the certified LA/order, death certificate, original title document, society/share certificate and identity documents, and seek registration/endorsement of the transmission or other appropriate instrument/order as advised by the Sub-Registrar. Do not execute a sale directly as “Administrator” to yourself unless the LA/court order and registration authority permit that mechanism—the capacity changes from administrator to beneficiary, and the exact document required depends on the wording of the LA and how the flat was originally held. Once the transmission is properly recorded and the society/title records are updated in your individual name, you can proceed with the sale.

LawRato LawRato

846 votes

After obtaining the Letters of Administration (LA) from the competent court, the next step is to have the property transmitted from the deceased’s name to the beneficiary’s name in accordance with the terms of the LA. This generally involves submitting the certified LA, death certificate, title documents, society records/share certificate and KYC documents to the concerned authority/society and completing the required mutation/transmission formalities. If the flat is registered with the Sub-Registrar, the requirement for Index-II correction or a separate registered document depends on the title and nature of the LA. Please send the LA grant, existing Index-II and flat/society documents on WhatsApp; after examining them, the exact procedure and documents required for transferring the flat into your individual name and thereafter selling it can be advised.

Advocate Sanket Ganpat Khamkar LawRato

818 votes

See now that makes more sense.. however if you’ve been appointed as an administrator the status as to your title, if it’s at fiduciary or ownership capacity.. Generally a court administrator cannot transfer a property in his name (I’m guessing that’s what you want when you say “index 2”) You might land in trouble if you don’t go ahead with caution..

Advocate Parth S Barot LawRato