Legal alternatives to the expensive legal heir-ship procedure

Question

► Both of my parents have passed away. I & my brother are the only children they have left behind My mother is the whole & sole owner of a property (A flat in a registered co-operative housing society) located in Maharashtra. She has nominated both her children with 50% share of each The legal advisor to the society has asked us to produce legal heir-ship certificate to get the ownership of the property transferred in our names but the procedure to obtain the certificate costs a lot So we are looking for a less expensive alternative Below are the few alternatives I have come to know about Kindly guide if transfer of ownership of the property will be possible or not, solely on the basis of any (Or a combination of any) of them. Also, please provide the exact provision(s) under the law that would support the alternate route in our case (As asked by the society) and possibly a rough estimate of expenses that would occur for each valid one 1. A membership application along with an indemnity bond & an affidavit stating that: I. We are the only legal heirs II. We indemnify the society against any future claims III. We have no objection to transfer the ownership in the name of both or anyone of us 2. A legal heir-ship certificate issued from the Tehsildar office 3. A “Plain” legal heir-ship certificate issued from the local court (The only difference in this certificate & the heir-ship certificate mentioned above is that this one simply mentions that so & so is/are the only legal heir/s. There is no mention of the property on it & hence no need to pay the hefty court fees) 4. A “No claim certificate” issued by an advocate where nobody has claimed their rights on the property after placing advertisements with respect to the same in a couple of newspapers PS: If you know any other alternative route or if there are any legal ways to directly sell out the property without transferring its ownership, please elaborate

Answer 1

DEAR SIR. Legal Heirship Certificate from Tehsildar Issued by: Revenue Department under the Maharashtra Government Legal Basis: Used to establish legal heirs for land records, pension, insurance, etc. Accepted by many societies to transfer property if uncontested Time & Cost: Government Fee: Nominal (under ₹100) Advocate Assistance (optional): ₹2,000–₹5,000

Answer 2

As such there is no short cut. It is legal necessity and mandatory to file case for succession certificate.Rest as mentioned by you are irrelevant and are of no use. Donot depend upon unreliable sources.

Legal alternatives to the expensive legal heir-ship procedure

2 Answers