Legal Alternatives To The Expensive Legal Heir-ship Procedure

In your case, since the property is in a registered co-operative housing society in Maharashtra and your mother nominated both children with 50% share each, the nomination itself does not confer ownership but only indicates the person(s) to whom the property is to be transferred temporarily until the legal heirs are decided. However, some co-operative societies in Maharashtra may allow the transfer of property based on a registered affidavit of heirship, indemnity bond, and NOC from all legal heirs, without insisting on a formal legal heirship certificate or succession certificate — especially if: There is no dispute among the legal heirs. Supporting documents like death certificates, ration card, birth certificates, and nomination forms are provided. A notarized affidavit is submitted stating that there are only two legal heirs and no objection exists. You can refer to the Maharashtra Co-operative Societies Act, 1960 and the Model Bye-Laws of Co-operative Housing Societies, particularly Bye-law 34 and Bye-law 35, which allow societies to transfer property in the name of nominees or legal heirs upon satisfaction and verification of documents. Suggested documents for economical alternative: 1. Application to the society for transfer. 2. Death certificates of both parents. 3. Ration card / Aadhaar showing family details. 4. Birth certificates proving relation. 5. Affidavit of heirship signed and notarized. 6. Indemnity bond indemnifying the society. 7. No Objection Certificate (NOC) between the heirs. Still, it depends on the society's internal policy and legal advisor. If they insist strictly on a legal heirship certificate, you may file an application before the Talathi / Tahsildar (in Maharashtra) for a legal heir certificate, which is less expensive than a succession certificate from civil court. Feel free to contact me 7705998888,7705938888

You can contact in this regard. Thanks.