How can authorized heirs receive possession on a property?

Sagar Kadam & Mitali Naik

My father, who owned two flats, one every in Vasai (Vasai-Virar) and in Alibag (Raigad district), died with out forsaking a will. My mom, grandmother and I are his authorized heirs, as per the Hindu Succession Act. I’ve no siblings. My grandmother, who stays in Delhi, has no real interest in the flats and had issued a no-objection certificates (NOC) to that impact. My mother and I had efficiently utilized for a authorized heirship certificates and we had additionally paid ₹75,000 as court docket stamp payment for this.

The certificates mentions that this heirship is given to us below Section 7 of the Bombay Regulation Act.

I had beforehand learn an article in Mint, which said that folks ought to go to the sub-registrar’s workplace in the event that they should get any property legally transferred to their names.

But once we went to the Vasai sub-registrar workplace, we have been instructed that there is no such thing as a course of to register the flats based mostly on the heirship certificates and so the flat will proceed to stay in my father’s title.

What we should always do to get the flat transferred in our names. Also, will or not it’s mandatory for us to register the flat first earlier than we are able to promote it?

—Name withheld on request

In your case, as your father had died intestate, you needed to receive the authorized heirship certificates from the court docket. In the current state of affairs, there is no such thing as a requirement to execute the switch deed.

As you haven’t talked about the kind of affiliation that has been shaped for / by the purchasers wherein these flats are located, now we have presumed that the identical are located in a co-operative society, as is frequent in Maharashtra.

In our view, you possibly can straight method the societies the place each your flats are located i.e. in Vasai and in Alibag. 

Upon the share certificates being transferred/transmitted in your and your mom’s title, the method of sale of the flats ought to be simpler for you. You can even present the society with the affidavit-cum-NOC which was executed by your grandmother to substantiate that she isn’t claiming any rights to the flats and has no objection to the flats being transferred to you each.

Sagar Kadam is a companion & Mitali Naik is an affiliate companion at DSK Legal

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