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Procedure for transfer of flat in government records

My father has a flat in Mumbai wherein my mother and I (son) have been mentioned as nominees. There is no Will from my father. The society is ready to transfer the flat. My question is: What is the procedure for getting the flat transferred in the records of the Maharashtra government under the Indian Registration Act?

LRC’s Reply: From your query, it appears that your father is no more. If so, you and your mother can, together, apply for transmission of your late father’s flat jointly in both your names, after filling the required the forms as stated in annexures of bye-laws book of your cooperative housing society (CHS).

For transmission (transfer of the flat, after the death of its owner, in the nominee’s name, is called transmission of the flat) of the flat, it is neither necessary nor possible to register the document under the Indian Registration Act.

If you still feel that the flat should be legally in your name, you can apply for a succession certificate of your father’s flat from the protonotary of the Bombay High Court. Getting a succession certificate of your father’s flat, in the joint names of your mother and you, has same legal effect as registration of the flat under Indian Registration Act.

Have a legal question? Try  Moneylife Foundation’s Legal Resource Centre. Check out
http://lrc.moneylife.in and register at http://moneylife.in/lrc.html

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