1) did your mother leave any will ?
2) do you have any siblings?
3) did your mother leave any nomination for her share in flat ?
4) kindly clarify
Flat owner
My Flat is owned jointly by my mother and myself. First name is of mother and second is mine. In all the documents such as registration and loans etc, it's the same. Now my mom is no more and what will be my next procedure to obtain share certificate from society in my name and all other legal procedure. Kindly guide.
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
It is not clear to me who else is there apart from you as legal heir of your mother.
If you are the sole son then you along with your father, if still alive, jointly inherits the flat.
Hence on her death share certificate is to be issued in your joint names.
If your name is there as nominee then you alone gets the sahre certificate though the title of other legal heirs, if any, is not relinquished at all.
The legal heirs of a Hindu female dying intestate are her widower and children. If you are the sole surviving legal heir of your mother then you have succeeded absolutely to the share of your mother, therefore apply for mutation of your mother's share through mutation of inheritance.
The flat is owned jointly by you and your mother.
The share of your deceased mother shall devolve equally on all her legal heirs which includes you, your siblings and your father (if living).
Now to change and obtain share certificate that was on your mother's name, all other legal heirs have to give NOC in your favor and with it you can apply for the same before the society.
The other legal formalities to be complied shall be informed by the society on enquiry.
