Me and my wife jointly own a flat. We have one son and a daughter. Son is employed and married and owns a flat. Daughter has completed her education. We want that our daughter gets our flat after our death. What is the suitable option to transfer our property without affecting us.

Ans: Before answering this question, you may need to look the will and see whether entire portion is in your name or not. Typically, when father passes away, the share goes to mother and thereafter to the children. Assuming, it is in your name, you will need to get a probate done considering the property is in Maharashtra.

Please reach out to me if you need any assistance, I can guide you to relevant connects.

Ans: It's essential to consult with a legal professional to get accurate advice tailored to your specific situation and the laws applicable in India.

Here are some general steps and considerations:

Probate of Will:

If your father left a will, the first step would typically be to probate the will. Probate is a legal process where the court validates the will and gives legal authority to the executor (you, in this case) to distribute the assets according to the terms of the will. Unregistered wills can also be probated, but the process may vary.

Legal Assistance:

Consult with a lawyer who specialises in property and inheritance laws. They can guide you through the specific steps and requirements for probating an unregistered will and transferring the property.

Transfer of Ownership:

Once the will is probated, the legal process for transferring the property into your name and your sister's name can begin. This may involve updating the property records and obtaining a new title deed.

Inheritance Laws:

Be aware of any local inheritance laws that may affect the distribution of property. In some cases, there may be legal provisions for the surviving spouse or other heirs.
 
Mutual Agreement:

If you and your sister both agree on the distribution as per your father's will, the process may be smoother. You might consider a family settlement deed or another legal document to formalise the agreement.

Update Property Records:

Ensure that the property records are updated with the appropriate authorities, reflecting the change in ownership. This may involve submitting the probated will and other necessary documents.

Tax Implications:

Consider any tax implications associated with the transfer of property. In some cases, there may be stamp duty or other taxes involved.

Legal Heir Certificate:

Obtain a legal heir certificate if required, as it may be necessary for certain legal procedures related to inheritance.

Remember, the specific steps and requirements can vary, and it's crucial to seek professional legal advice to ensure a smooth and legally valid transfer of the property.

Consult with a good lawyer who can guide you through the process based on the laws applicable in India.