My father had booked a flat in Mumbai many years ago, but he died before getting possession. A year later, the builder handed over the flat to my mother, who currently lives there. The flat is still registered in my father’s name. What are the legalities involved in transferring a flat in his name. Also, do I have to give NOC or Power of Attorney (POA) to my mother?
– Name withheld on request
We have assumed that you are a Hindu by faith, and that your father had died in an intestate without a valid will. Accordingly, the rules of intestate succession contained in the Hindu Succession Act, 1956 shall apply.
Broadly speaking, you will need (i) your parents’ PAN and Aadhar card; (ii) documenting the title of the property under consideration; (iii) electricity bills and water bills; (iv) Legal heir certificate / succession certificate, as may be applicable in your case. A more formal requirement may include the grant of letters of administration, certifying that the property has been transferred to your father’s Class 1 heirs (i.e. his widow + children (and their mother, if alive).
It is advised that you execute a relinquishment deed (also known as release deed) or gift deed in favor of the desired legal heir who will acquire the property. This relinquishment deed/gift deed, as the case may be, should be stamped and registered with the concerned Sub-Registrar of Assurance. It is advised that you talk to your lawyer and draft a suitable deed and calculate the stamp duty and registration cost accordingly. In the present case, you may not need to execute the POA.
Your mother will not have to pay any registration fee for her share of inheritance from your father. If you wish to execute a relinquishment deed to transfer your share in your mother’s favor, the relevant stamp duty and registration charges have to be paid on such transfer. You will have to pay the stamp duty only on the execution of the relinquishment deed.
In addition to the above statutory costs, other costs may include legal fees + fees for any other consultants used.
Rishabh Shroff is partner, Cyril Amarchand Mangaldas.
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