We are three brothers, one of my younger brother owned Flat and he nominated me, he was unmarried and died intestate without will. Although my sole name is in the nomination form, my another brother also wants to have 50% share of ownership in Flat. I do not have any issues and we have very good relations with each other. I had approached the Secretary but he is very unhelpful and asking for letter of administration or succession certificate and will not do anything without that. Now this is a straightforward matter as there is no dispute between our 2 brothers and I have been told by some of my colleagues that succession certificate is not required in such matter, it is only to be applied when there are disputes amongst legal heirs etc. There have been many flat transfer taken place by doing ordinary paperworks and at the most giving public notices. Hence please can you advise what documents needs to be prepared and if anything additional procedure such as giving newspaper notice etc or something else is required to be done by us two brothers so that the Flat is transferred to both of both the brothers in joint names by the Society.
Dear Sir, By doing a Declaration Deed on 500/- Non-Judicial Stamp Paper, and registering it with Sub-Registrar of Assurances office (Registration fees is 1,000/-) you can get that flat transferred 50% each joint owners, you two brothers. If your Secretary is hellbent on getting a Succession Certificate from Mumbai High Court, then, he will not accept my suggession.
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