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.
A.Dear Sir,
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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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.
Rate me Five Star*
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A.Your brother have to execute a release deed in the register office where the property lies thus releasing his share of 50 percent in the flat to you and making you the sole owner. Have to produce your fathers death certificate and legal heir certificate along with the mother documents of the concerned property during the execution of the release deed.
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Madhulika Bhatnagar
Responded 2 years ago
A.1. You can obtain a legal heirship certificate from the civil court. Your brother can give his no objection certificate to the court. This way you can get the certificate directly in your name.
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.
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.
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Sidhaarth
Responded 2 years ago
A.Your brother can execute relinguishment deed in respect of flat in your favour relinguishing his right and portion in said flat in your favour and can get the he deed duly registered. Your brother can also make gift of his portion to you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
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.
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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.
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A.Hello
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.
Please rate if you find this advice helpful.
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.
Please rate if you find this advice helpful.
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Vaidehi Samant
Responded 2 years ago
A.You are advices to ask your brother to execute a registered gift deed in your name of he wants to transfer his share to you. The govt charges depend on the market price of your flat in the sense you be required to pay stamp duty (which I believe exemption for blood relations therefore only Rs 200/-), registration fees of Rs 200/- and also there is 1% local body tax i.e. one percent of the value of the part of the flat owned by your brother who he wants to gift you.
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.
If you have have found the answer helpful than please provide review and give***** as appreciation.
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.
If you have have found the answer helpful than please provide review and give***** as appreciation.
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