By Arosh John | Founder – John Real Estate (MahaRERA Reg. No. A51700001835), Editor-in-Chief – Thane Real Estate News (TREN)
Thane | December 2025
Selling a flat in Thane after the death of an owner requires sellers to first establish who legally holds the deceased owner’s share before approaching buyers.
This process applies equally whether the deceased owned the flat alone or held it jointly with another person. The legal steps remain the same; only the proportion of ownership being transferred changes.
In practice, most resale transactions face delays not due to pricing or market demand, but because sellers remain uncertain about Wills, court heirship, and the requirement of a release deed. This guide explains the process clearly and practically, based on real transaction experience in Thane, enabling property owners to proceed with confidence.
1. First and Most Important Question: Was There a Will?
The required documentation depends entirely on whether the deceased owner left behind a valid Will.
1.1 If a Will Exists – Understanding Probate
When a Will refers to the flat or the deceased owner’s share, the family may need to obtain Probate from the Court.
Through probate, the Court formally confirms:
- The Will is genuine
- The document represents the final Will of the deceased
- The beneficiary holds legal authority over the deceased’s share
After the Court grants Probate:
- The beneficiary legally succeeds to the deceased’s share.
- Buyers and housing societies receive a clear, court-backed document for verification.
- A release deed for the deceased’s share is generally not required when Probate vests ownership exclusively in a single beneficiary.
Although statutory rules mandate probate only in specific historic city jurisdictions, real-world transactions in Thane—particularly high-value, financed, or documentation-sensitive deals—treat Probate as the safest and most widely accepted method for establishing clear ownership.
1.2 If There Is No Will – Court Heirship Certificate / Heirship Order
In the absence of a Will, the legal heirs must approach the Court to obtain a court-issued heirship certificate or heirship order.
This Court document clearly identifies:
- The legal heirs of the deceased
- The persons entitled to the deceased’s share
- The manner in which ownership will continue
Once the Court recognises the heirs:
- All identified persons acquire legal-heir status.
- Each heir holds the deceased’s share jointly.
- The heirs may either sell the property together or consolidate ownership where necessary.
For resale transactions in Thane, court-recognised heirship remains the most reliable and widely accepted method to establish succession.
2. When Is a Release Deed Required? (Key Clarification)
A Release Deed does not apply to every succession scenario. Owners use it only when they need to consolidate ownership.
2.1 When a Release Deed Is Required
A Release Deed becomes necessary when:
- Multiple legal heirs exist,
- The Court recognises all of them as heirs, and
- Only one heir intends to sell or assume full ownership.
Although all parties qualify as legal heirs, the law allows:
- One heir to apply selectively for vesting of the deceased’s share, and
- The remaining heirs to record their consent through a registered Release (Relinquishment) Deed.
This document formally confirms that the other heirs have voluntarily relinquished their rights in favour of the selling heir.
2.2 When a Release Deed Is Not Required
A Release Deed is not required in the following situations:
- The Court vests the deceased’s property rights exclusively in a single heir.
- Probate of a Will vests the deceased’s share exclusively in one beneficiary.
- All legal heirs decide to sell the property jointly.
In each of these cases, the Court already determines ownership clearly, eliminating the need for internal consolidation.
3. Housing Society Documentation – Practical Expectations
Housing societies eventually update their records to reflect lawful ownership, although timelines differ from one society to another.
For sale purposes, the most critical factors include:
- Court-validated ownership documents
- Clear consent and signatures from all relevant heirs
- An absence of disputes or objections
Once sellers meet these conditions, transactions typically proceed smoothly. Societies may complete their endorsements either before or after the sale, depending on administrative timelines.
4. What Buyers and Their Lawyers Typically Verify
During resale transactions involving a deceased owner, buyers and their lawyers usually verify:
- Death Certificate
- Will and Probate (where applicable)
- Court Heirship Certificate or Heirship Order (when no Will exists)
- Release Deed(s), where ownership consolidation occurs
- Previous Agreement for Sale or Sale Deed along with Index II
- Updated society maintenance and municipal dues
With these documents in place, legal due diligence generally concludes without delay.
5. Step-by-Step Roadmap for Sellers in Thane
Step 1: Obtain the death certificate and previous property documents.
Step 2:
- Initiate Probate if a Will exists.
- Apply for a Court Heirship Certificate or Heirship Order if no Will exists.
Step 3:
- Execute a Release Deed when multiple heirs exist and only one heir intends to sell.
Step 4:
- Share all succession documents with the housing society and the buyer’s advocate.
Step 5:
- Execute the Agreement for Sale and complete registration.
This structured approach reflects the most efficient and widely accepted transaction path in Thane.
6. Key Takeaways for Thane Property Owners
- The legal process remains the same whether the deceased was a sole owner or a co-owner.
- Sellers must establish ownership clarity before marketing the flat.
- Probate offers the strongest certainty when a Will exists.
- Court-issued heirship provides the safest route when no Will exists.
- Release Deeds apply only in selective consolidation scenarios.
- Buyers and registrars rely primarily on court-validated documentation.
Following this framework ensures a clean title and significantly reduces transaction risk.
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and the Editor-in-Chief of Thane Real Estate News (TREN). With more than a decade of hands-on experience in the Thane property market, he is widely recognised as one of the most reliable and well-informed real estate experts in Thane. He serves as a go-to real estate consultant for villas, premium apartments, high-value resale properties, and strategic real-estate consultation, including advisory for NRIs and long-term investors. His work centres on complex resale transactions, succession-linked sales, and documentation-sensitive deals that demand clarity, compliance, and risk mitigation.
Through TREN, Arosh combines transaction expertise with regulatory insight to publish fact-checked, analysis-driven content that helps property owners make informed decisions. His advisory-first approach, strong due diligence standards, and consistent market presence have positioned him among the best real estate agents in Thane and a trusted authority for villa consultancy and premium residential advisory in Thane.
Disclaimer
This article provides general information related to real-estate transactions in Thane. Legal procedures and documentation requirements may vary depending on individual facts and circumstances. Readers should consult a practicing advocate or lawyer specialising in property and succession matters to ensure accurate compliance and a smooth, legally sound transaction.
