{"id":55463,"date":"2025-07-22T17:47:45","date_gmt":"2025-07-22T12:17:45","guid":{"rendered":"https:\/\/itatonline.org\/digest\/?post_type=qa&p=55463"},"modified":"2025-07-22T17:47:45","modified_gmt":"2025-07-22T12:17:45","slug":"legal-alternatives-to-the-expensive-legal-heir-ship-procedure","status":"publish","type":"qa","link":"https:\/\/itatonline.org\/digest\/qa\/legal-alternatives-to-the-expensive-legal-heir-ship-procedure\/","title":{"rendered":"Legal alternatives to the expensive legal heir-ship procedure"},"content":{"rendered":"

My mother passed away recently. She was predeceased by my father, who died a few years ago.<\/p>\n

I & my brother are the only children our parents have left behind (We have documents like Ration card, Birth certificates etc. to prove the same).<\/p>\n

My mother is the whole & sole owner of a property (A flat in a registered co-operative housing society) located in the state of Maharashtra. She has nominated both her children with 50% share of each for the said property.<\/p>\n

We want to sell out the property now.<\/p>\n

The legal advisor of the society has clearly told us that they will need legal heir-ship certificate, in the absence of which, the society won\u2019t be able to give the N.O.C. required to sell the flat.<\/p>\n

The procedure to obtain the certificate costs around one lac rupees (Court fees of 75,000 rupees + Advocate\u2019s fees of around 25,000 rupees) & we are not willing to spend such a huge amount of money to get a property transferred in our name, which legally belongs to us only (Being Hindu, by the definition of law, we are legal heirs of the deceased owner of the property).<\/p>\n

So we are looking for a less expensive alternative for the same. The legal advisor of the society has asked us to come up with the provisions under the law that support transfer of ownership of a property in the absence of a legal heir-ship certificate in cases like ours, if we want to opt for an alternative.<\/p>\n

Below are the few alternatives I have come to know about from some of my sources & upon researching a bit.<\/p>\n

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 alternative route in our case and possibly a rough estimate of expenses that would occur for each valid one.<\/p>\n

    \n
  1. A membership application along with an indemnity bond & an affidavit stating that:<\/li>\n<\/ol>\n

    I.\u00a0 \u00a0 \u00a0We are the only legal heirs left behind by the deceased member<\/p>\n

    II.\u00a0 \u00a0We indemnify the society against any future claims made by any person(s) with respect to the said property.<\/p>\n

    III.\u00a0 We have no objection to transfer the ownership of the said property in the name of both or anyone of us<\/p>\n

     <\/p>\n

      \n
    1. A legal heir-ship certificate issued from the Tehsildar office.<\/li>\n<\/ol>\n

       <\/p>\n

        \n
      1. A \u201cPlain\u201d 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 left behind by the deceased person. There is no mention of the property on it & hence no need to pay the hefty court fees of 75,000 rupees for the same)<\/li>\n<\/ol>\n

         <\/p>\n

          \n
        1. A \u201cNo claim certificate\u201d issued by an advocate where nobody has claimed their rights on the said property after placing advertisements with respect to the same in a couple of newspapers.<\/li>\n<\/ol>\n

          Some backdoor ways:<\/p>\n

            \n
          1. Creating a backdated will (As there is no will in place) without probate (Kindly mention whether the society has the rights to ask us to mandatorily get the probate done)<\/li>\n<\/ol>\n
              \n
            1. On the basis of the property tax’s bill (Obviously where the bill is transferred in our names first).<\/li>\n<\/ol>\n

              PS:\u00a0 If you know any other route apart from the ones mentioned above or if there is\/are a legal way\/s to directly sell out the property without transferring its ownership in our names, please mention how that can be done & provide the exact provision(s) under the law backing it along with a rough estimate of expenses that would occur.<\/p>\n","protected":false},"comment_status":"open","ping_status":"closed","template":"","qa_expert":[1275],"qa_category":[966],"qa_tag":[1345,1343,1344],"class_list":["post-55463","qa","type-qa","status-publish","hentry","qa_expert-law-intern","qa_category-allied-law","qa_tag-co-operative-societies","qa_tag-legal-heirship-certificate","qa_tag-nomination"],"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa\/55463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/qa"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=55463"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=55463"}],"wp:term":[{"taxonomy":"qa_expert","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_expert?post=55463"},{"taxonomy":"qa_category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_category?post=55463"},{"taxonomy":"qa_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/qa_tag?post=55463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}