Release deed or / and succession certificate
2 years ago
Sir,
My parents died intestate.they were owning a 3 bhk ownership flat at Prabhadevi, Mumbai. I and my fly were residing with them. We are two brothers. My younger brother wants to transfer his share of the flat to me thereby making me the sole owner.
1.Could you please guide and tell me the correct procedure that has to be followed by me for the property to be legally transferred in my name. The property is in Mumbai.
2. Please also inform me the charges that I have to incur with regard to transfer of flat.
3. Kindly also inform me the time period that will be taken for the flat to be legally transferred to my name.
Take registered release deed from your family members and transfer the property in your exclusive name. Further, for safety purpose you may apply and get loan from Nationalised Bank. Thus, you can enjoy the property.
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Madhulika Bhatnagar
Responded 2 years ago
2. Charges depend on the court fees charged in Maharashtra along with advocates fee. You can reach out to few local lawyers to get an estimate from them.
3. Ideally it should take sometime between 6 months. Rest depends on the court.
Sidhaarth
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In order to transfer share of your brother in your name, you'll both have to first obtain a succession certificate from the court and get that flat transferred or mutated in both of your name. After that your brother is the absolute owner of his shares in property and could easily transfer it in your name.
Thanks
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In order to get that falt transfer in your name you have to get a succession certificate or a Family Member Certificate from the court stating that you are the owner of that flat. After that you could simply mutate that property in your and your brother name and your brother could simply transfer his shares in your name.
Thanks.
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Vaidehi Samant
Responded 2 years ago
Apart from that whatever are the scanning etc miscellaneous charges of the registration office which as much I am aware are usually covered in the fees you will be providing to your lawyer or property registration clerk with whoever's assistance you will get this process done from Dadar/Worli/Prabhadevi/South Mumbai as per your choice. You can also confirm this above information regarding govt charges from igrmaharashtra website or their help line number which is free of cost and available morning to evening.
After getting done with Gift deed you will require to approach Society chairman/Secretary and provide copy to them and carry on with further process for obtaining NoC from them to transfer share certificate in your sole name as well as for name change/insertion in property tax, electricity meter, water tax, society maintenance etc. but this internal society process depends on the members so it's not possible to guess how much time it would require. Thank you.
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