• Transfer of room in Mumbai

We have a Room in Mumbai which was purchased by my elder paternal uncle(Unmarried) who is expired now.
We don't have registration papers and even the HSG SOC doesn't have nomination papers.
Now My father has 2sisters(1 unmarried) and one brother in total 4 siblings are still alive. 
Now we need to transfer the room and we have given NOC to the hsg society.
However, they are asking us to prove that my father is the sibling of the expired husband.
Please let me know how we can prove it.
Thanks in Advance
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Client,

All 4 are class II Legal Heir of deceased. Apply for Legal Heir Certificate at Tehsildaar office.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Valid all over India and issued by Tehsilaar where he had permanant address.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Apply for and obtain letters of administration from high court 

 

2) enclose death certificate of brother 

 

3) notice would be issued to legal heirs 

 

4) if no objections are received you would get LA in 6 months 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

 

legal heir certificate would not serve the purpose 

 

you need to obtain letters of administration from Bombay high court 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

You can obtain a Legal Heir / Succession Certificate through your Taluk / Thasildhar or through the District Civil Court of your area.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Sir get a family member certificate/legal heir certificate from the Tehsildar that would prove that they are family members. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Yes it is applicable in mumbai also.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Legal heir certificate is not required 

You need letters of administration 

Room was owned by uncle 

He died without a Will

So room will go to his legal heirs who are mother, widow and children

As uncle was unmarried he would not have a widow and children

I assume your grandmother on paternal side has also passed away prior to your uncle's demise

In that case the room will go to class 2 legal heirs who are siblings

So your father will have to obtain LA

Administrator appointed under LA will then transfer room to your dad by executing and registering transfer deed in his favour 

You can submit this transfer deed to society and it will transfer room in your dad's name in society records

However getting LA is time consuming and expensive, but is only way by which proper title will be conferred on your dad

Yusuf Rampurawala
Advocate, Mumbai
7678 Answers
79 Consultations

1) Yes, you can get legal heirs certificate from court plus succession certificate.

2) While making application you should mention family tree from your great grandfather, so it will easy to understand everyone.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Your uncle was unmarried so here in absence of legal heir class 1 this room goes to legal heir class 2 (your father and his 2 sister,1brother)

I absence of will , nomination and also you don't have registration papers

proceed for obtaining letter of administration from high court enclose death certificate of deceased

Court proceeds with issuing legal notice to legal heir ,once the legal heir give NOC you would get letter of administration

And after procedure of administrator room transferred to your father

 

Dimple Jain
Advocate, Jodhpur
222 Answers

This is my response to you:

1. You will have to obtain letters of administration from high court;

2. If you need proof to show that your father is related to the expired person, then obtain legal heir certificate;

3. There are three office districts for obtaining legal heir certificate in Mumbai;

4. You can approach Andheri, Borivali or Kurla tehsildar office;

5. Consult a local lawyer, state full facts and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

If the housing society is demanding the proof of your father's relationship with the deceased brother, you may have to produce any authentic or substantial evidence to prove their relationship, i.e., by producing a legal heirship certificate or by a family tree certificate or by obtaining a succession certificate through a court of  law.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

v

 

The legal heirship cretificate issued by the revenue department is very much valid in Mumbai also

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

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