Property transfer - procedure to transfer the flat

Dear Client,

If the wife passed away intestate (without leaving a Will), then her property will devolve according to the personal succession law applicable to her religion. In most cases under the Hindu Succession Act, 1956, the husband, children, and mother of the deceased are Class-I legal heirs and all inherit simultaneously in equal shares.

Therefore, the husband alone cannot directly transfer the entire flat to the deceased wife’s mother unless:

1. He is the sole legal heir; or

2. All other legal heirs give their consent/relinquishment.

The usual procedure is:

1. Obtain the death certificate of the deceased wife.
2. Identify all legal heirs and obtain a Legal Heir Certificate/Surviving Member Certificate,
3. The property first legally devolves upon all legal heirs by succession. Mutation may be done in the names of all heirs jointly, though registration in their names is not always mandatory before transfer.
4. Thereafter, the legal heirs can:

I. Execute a Release/Relinquishment Deed in favour of the deceased wife’s mother; or

II.Execute a Gift Deed/Settlement Deed in her favour.


5. The deed must be properly stamped and registered before the jurisdictional Sub-Registrar.

If there are no children and only the husband and deceased wife’s mother survive, then both will generally get equal shares, and the husband can relinquish his share in favour of the mother through a registered Release Deed.

For further legal guidance contact an Advocate.