BackHow can legal heirs obtain ownership on a property?
You can produce the legal heirship certificate that has been obtained by you to the society, which will transmit/transfer the share certificate in respect of these flats in your and your mother’s name.
PremiumMy father, who owned two flats, one each in Vasai (Vasai-Virar) and in Alibag (Raigad district), died without leaving behind a will. My mother, grandmother and I are his legal heirs, as per the Hindu Succession Act. I have no siblings. My grandmother, who stays in Delhi, has no interest in the flats and had issued a no-objection certificate (NOC) to that effect. My mom and I had successfully applied for a legal heirship certificate and we had also paid ₹75,000 as court stamp fee for this.
The certificate mentions that this heirship is given to us under Section 7 of the Bombay Regulation Act.
I had previously read an article in Mint, which stated that people should visit the sub-registrar’s office if they have to get any property legally transferred to their names.
But when we went to the Vasai sub-registrar office, we were told that there is no process to register the flats based on the heirship certificate and so the flat will continue to remain in my father’s name.
What we should do to get the flat transferred in our names. Also, will it be necessary for us to register the flat first before we can sell it?
—Name withheld on request
In your case, as your father had died intestate, you had to obtain the legal heirship certificate from the court. In the present situation, there is no requirement to execute the transfer deed.
As you have not mentioned the type of association that has been formed for / by the purchasers in which these flats are situated, we have presumed that the same are situated in a co-operative society, as is common in Maharashtra.
In our view, you can directly approach the societies where both your flats are situated i.e. in Vasai and in Alibag.
Upon the share certificate being transferred/transmitted in your and your mother’s name, the process of sale of the flats should be easier for you. You can also provide the society with the affidavit-cum-NOC which was executed by your grandmother to confirm that she is not claiming any rights to the flats and has no objection to the flats being transferred to you both.
Sagar Kadam is a partner & Mitali Naik is an associate partner at DSK Legal
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