We have a cooperative society flat. My father and mother were joint owners. The original deed has both their names.
After my fathers demise, we transferred the shares to my mothers name. We also had the succession certificate furnished in my mothers name.
Now my mother wants to sell the flat. The new buyers lawyer is asking apart from the original sale deed, mutation document in my mothers favour. We don’t have the mutation done after my fathers death,
Now the question is, for sale of the flat is mutation required from my father to mother? As I said my parents were joint owners to start with.
1. After the death of your father his widow and children succeeded equally to his share in the flat. You and your siblings (if any) could have transferred your share to your mother by any of the modes of transfer of property. How did you transfer your share to your mother after your father’s demise? Was it through a gift deed or relinquishment deed? If a gift or relinquishment deed was made then was it registered with stamp duty? Was a family settlement made between you and your mother? Share certificate alone does not serve to transfer the ownership.
2. Your mother is at liberty to sell her share in the flat i.e 50% share which she holds by virtue of being the joint owner. The entire flat can be sold by her only if the transfer by you and your siblings of your share is complete. Until and unless the transfer of share by you to your mother has been done in a manner which is consonance with law she cannot sell the entire property.
3. Succession Certificate does not empower your mother to sell the property. No prospective buyer will buy the property on the basis of succession certificate alone.
4. You should get the property mutated in your mother’s favour if the ownership thereof has validly been transferred to her. The process can be commenced by filing an application in the prescribed format along with the appropriate fee in the office of tahsildar. All the relevant details of the purchased property are required to be mentioned in this application. The application is then processed and the property is valued for taxation purposes and annual tax payable against the property is fixed by the revenue office. In this process new identification numbers are allotted to the property. After the process is complete the dealing office issues “Mutation Certificate” to the new owner and the name of the new owner is shown as owner of the property.
5. If the title has not been transferred to her then first do so and then apply for mutation.