How can we transfer property without legal heirship certificate?

Both of my parents have passed away. My brother and I are their only children (we have documents such as ration cards and birth certificates to prove this). My mother was the sole owner of a property (a flat in a registered co-operative housing society) located in Maharashtra. She nominated both of us as beneficiaries, with each entitled to a 50% share in the property. The society’s legal advisor has asked us to produce a legal heirship certificate in order to transfer ownership of the flat in our names. However, obtaining this certificate is quite expensive. We are therefore seeking a less costly alternative. Kindly guide us on the alternative legal options available to transfer ownership of the property in the absence of a legal heirship certificate in cases like ours, and please mention the relevant legal provisions that support such alternatives.

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Advocate By LEAD INDIA Answered: 18 Jul 2025

Since your mother nominated you and your brother, you can submit her death certificate, the nomination papers, and a joint affidavit declaring you both as legal heirs to the housing society. This often helps transfer ownership without a costly legal heirship certificate. If the society insists, you may need to get the certificate from the local magistrate. For further legal assistance contact us on our helpline number. 

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