My Father has a Flat in Hyderabad but unfortunately Father passed away suddenly. In Hyderabad there was no nomination system , but yet my Father had written a letter to the Builder and got builders acknowledgement of receipt of the letter: The letter mentioned that he has nominated me for the Flat. But now society is formed and Society has not issued any nomination forms. I also have a Power of Attorney made by my Father in my name. I am the only son. He had made a Will (but it is NOT registered) : the Will states that the Flat will be given to Me and my Wife. We are Hindus My Question: In Hyderabad : can the society initiate the Transfer basis the letter given to builder for nomination ? or will Succession certificate or other documents be required ? Also will Society do it or will I have to go to Registrar office and do some formalities ? Will the Will which is signed but not registered but it mentions Me and My Wife as beneficiaries be useful ? Just to clear things: We are ok with Flat being transferred to me or to both Me and My Wife What is a good fool-proof method so that Transfer is done and also so that when selling the Flat - we do not face any problems Thanks
As per the information given by you, the last Will executed by your father holds good.
Please file an application to the municipal corporation for transfer of revenue documents in respect of the Flat in your name and your wife's name.
Documents may required are:
Sale deed of the Flat.
Revenue documents standing in your father name.
Death Certificate of your father.
Your father family tree.
ID proofs.
As your father has left a Will, file a petition in consultation with a competent lawyer at the jurisdictional court in order to get the Will probated and to obtain Letters of Administration in your favour. Once done, the society should transfer the title to you without insisting on any other document.
1) there is no nomination on society records
2) it is in your interest to apply for probate of father will
3) probate is judicial proof will is genuine
4) you don’t need succession certificate
Society transfer is not a proof of title. Title is established by registered deed. Once registered deed is executed then society transfer can be completed
The builder is not an authority to give any letter to transfer the property to the nominee's name neither the society can accept such letter as legally valid request.
As your father has written a Will, even though it is an unregistered Will, it is very much valid in law, hence you can apply for mutation of records to the name of the beneficiaries mentioned in the Will through the revenue department and then apply for transfer of shares in the society on the basis of the mutated records.
1. The Society can take action by incorporating you and your wife's name on the basis of your father's letter to the builder, your father's death certificate and your father's WILL. You may have to produce the certified Family /Genealogical Tree.
2. Registration of WILL is not compulsory but only optional. Even an unregistered WILL will also have the same legal validity as that of a registered one.
3. Follow up with Society/jurisdictional District/Sub Registrar's Office/ Corporation/ Municipal Office for obtaining the mutation of the property done as per the beneficiaries indicated in the WILL.
If you follow the above procedure, there would not be any problem in future at the time of selling the flat.
Dear client,
Firstly, I'm sorry for your loss. In order to transfer the ownership of the flat to your name or to you and your wife's name, you will need to follow the legal process as per the laws applicable in Hyderabad.
Since there was no nomination system in place, and the society has not issued any nomination forms, you will need to obtain a Succession Certificate from the court. This certificate will establish your legal right to the property as the son of the deceased father.
Regarding the letter given to the builder for nomination, it is possible that the society may accept it as a valid nomination document. However, it is best to confirm this with the society or seek legal advice.
As for the Will, even though it is not registered, it can still be used as evidence of your father's intention to leave the property to you and your wife. However, it is advisable to get it registered at the earliest.
To initiate the transfer process, you will need to submit the required documents, such as the Succession Certificate and the Will, to the society or the Registrar office. The society may initiate the transfer process, or you may need to go to the Registrar office and complete the formalities there.
Once the ownership is transferred to your name or to both you and your wife's name, it is important to ensure that all the relevant documents, such as the Sale Deed, Khata Certificate, and Property Tax receipts, are updated accordingly. This will help avoid any legal issues in the future, especially when you decide to sell the property.
In conclusion, it is advisable to seek legal advice to ensure a smooth and fool-proof transfer process of the property ownership to your name or to you and your wife's name.
L
- As per law, the registration of Will is not mandatory , and even a Will written on a paper in the presence of two witnesses is valid
- Since, you are only legal heirs and having Will of that flat , then you can apply for getting mutation in your name after submitting the death certificate of father and the copy of the said Will.
- Further, after getting the said Mutation , you can submit the same to the society and to builder for transferring the same in your name or as mentioned in the said Will.
- However, there may be requirement for the Probate of Will from the court, and which can be granted within a short period of time .
