My father, who owned two flats, one each in Vasai (Vasai-Virar) and Alibaug (Raigad district), died without leaving a will. My mother, grandmother and I are his legal heirs as per the Hindu Succession Act. I have no siblings. My grandmother, who lives in Delhi, has no interest in the flat and had issued a No Objection Certificate (NOC) to this effect. My mother and I had successfully applied for Legal Succession Certificate and also paid 75,000 as court stamp fee for this.
It is mentioned in the certificate that this succession has been given to us under section 7 of the Bombay Regulation Act.
I had read an article in Mint earlier, which said that people should go to the sub-registrar’s office if they want to legally transfer a property in their name.
But when we went to Vasai sub-registrar office, we were told that there is no process to register flats on the basis of inheritance certificate and hence the flat will remain in my father’s name.
What should we do to get the flat transferred in our name? Also, do we need to register the flat first before selling it?
Name withheld on request
In your case, since your father died intestate, you had to obtain a legal succession certificate from the court. In the present situation, there is no need to execute the conveyance deed.
As you have not mentioned the type of association that has been formed by/for the buyers in which these flats are located, we have assumed that they are located in a co-operative society, as is common in Maharashtra.
In our view, you can directly approach the societies where both your flats are located i.e. in Vasai and Alibaug.
Once the share certificates are transferred/transmitted in your and your mother’s name, the process of selling the flats will become easier for you. You can also provide the affidavit-cum-NOC to the society which was executed by your grandmother confirming that she is not claiming any right on the flats and has no objection to transfer the flats to both of you Is.
Sagar Kadam is partner and Mitali Naik is associate partner at DSK Legal.
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