How can we jointly transfer the flat after both parents' death?

We want to transfer our flat after our father's death. The society is a co-operative housing society under MHADA. Our mother has also passed away. The three of us, two sons and one daughter, want to transfer the flat jointly.

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 18 Jan 2025

To legally transfer the MHADA flat in all three siblings' names, you'll need to obtain a succession certificate from the civil court and an affidavit stating all legal heirs and their consent to joint ownership. After obtaining these documents, apply to the housing society and MHADA with the succession certificate, death certificates of both parents, property papers, and society transfer forms - the entire process typically takes 3-6 months depending on documentation completeness.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 18 Jan 2025

Since both parents have passed away, all three siblings (two sons and one daughter) have equal inheritance rights to the flat as per the Hindu Succession Act, and you'll need to obtain a legal heir certificate along with a no-objection certificate from each sibling to transfer the property in your joint names. For MHADA co-operative housing society transfers, you'll need to submit these documents along with death certificates of both parents, property documents, and society membership transfer forms to the society and MHADA for approval of the transfer.

Admin
Advocate By LEAD INDIA Answered: 18 Jan 2025

Sir, to transfer the flat after your parents' passing, you will need to get their death certificates and a legal heir certificate of all the heirs then you should contact the housing society to understand their transfer process, which usually involves submitting documents like a No Objection Certificate (NOC) from all heirs and paying any dues. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.

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