Dear client, 

If one of the co-owners dies, his share in the property does not pass to the other co-owners but to the person named in the will of the deceased. Like in case of joint tenancy, on death of one co-owner, the share of ownership automatically passes on to the surviving co-owner. 

Since both the sons will receive his property share, they can visit the land registry office to get the name changed: Once the name is legally changed the owner of the land should visit the land registry office and submit all the proofs related to the new name change with a nominal fee to get his or her name updated in the land records.

Thank you. 

Agreement needs to be perused in order to give you more concrete advice in this matter

1. the information provided is incomplete

2. has MHADA allotted the new flat or is the allotment pending ?

3. who all are the legal heirs of your father?

4. your father's 50% share will go to his widow and 2 sons equally [assuming these were his only surviving legal heirs]

5. if your mother is agreeable then she can release her 1/3rd share from the 50% share of your late father in favour of her sons 

6. thus your mother and the 2 sons will become the co-owners of the property having the following shares:

mother - 50%

son 1 - 25%

son 2 - 25% 

7. the agreement made by your father is not valid. it has to be a validly executed Will 

Apply to society for transfer of father share in property in name of legal heirs 

2) enclose copy of death certificate of deceased father 

3) society would transfer father share on basis of indemnity bond executed by legal heirs 

4) if society insists you would have to obtain letters of administration from high court 

Your father's agreement, whatever it is, is not legally valid. After the intestate death of your father, his undivided 50% share devolved upon his legal heirs equally - your mother, your father's mother (if alive) and you two brothers. In that case, your mother and your grandmother will have to release their respective undivided shares in favour of you two brothers by means of a deed of relinquishment which has to be duly registered with the land registry. Then, you have to apply to MHADA for transfer the 50% undivided share of your father in the joint names of you two brothers, producing your father's death certificate, legal heirs certificate and the deed of relinquishment. After this is done, your mother shall continue to hold her original 50% undivided share while you two brothers shall be entitled to 25% undivided share each, in the whole of the property. If your mother relinquishes her original 50% undivided share also, you two brothers shall have 50% undivided share each. The choice is yours.

Fill up the prescribed application form of the MHADA/ Municipal Corporation for transfer of your deceased father's 50% share to the two sons, which is 25% each by producing the agreement your father had executed, along with your father's death certificate.

If your father had made a Will as what you have told then you may have to get probate of Will to enforce the bequest made in the Will.

If not then his share of property shall devolve on all his legal heirs equally, accordingly your mother shall be entitled to 67% of share in the property. 

You all can decide about sharing the property or to give the entire property to your mother by executing a registered release deed in her favor. 

On the basis of the will you can get the same deleted by submitting death certificate of your father

- As per law, after the death of your father intestate , his 50% share property would be devolved upon all the legal heirs equally i.e. your mother if alive , and children .

- Further, he was having his right to transfer his respective share to any one without taking consent from the others.

-  Further, if he had prepared the said agreement in the name of two sons then they can get share as mentioned in the agreement. 

- Hence, you can apply for getting mutation of the property in your name after submitting the death certificate of father and the said agreement  , and also  can transfer in the record of MHADA.