• Ownership of the property without proper nomination

There is a flat at Salt lake cooperative society . Husband was the original member and owner ! He has expired last year ! His wife name has been mentioned in the cooperative register but Hus signature is not there ! All deeds, share certificates are available with his wife ! 
How to get the membership and ownership of the flat for the r we ice ?
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Wife should apply for and obtain letters of administration from district court as husband died intestate 

 

2) enclose death certificate of deceased husband 

 

3) schedule of property 

 

4) succession certificate or legal heirs certificate would not suffice 

Ajay Sethi
Advocate, Mumbai
96719 Answers
7798 Consultations

Heirship certificate is not suffice not to get ownership of flat 

Ajay Sethi
Advocate, Mumbai
96719 Answers
7798 Consultations

The property was in the name of the deceased husband.

By transferring the society's share certificate o the wife's name, she will not become the absolute owner of the entire proeprty.

The property left behind by the deceased upon his intestate death shall devolve on all his legal heirs.

Thus the legal heirs have to give NOC to the society to transfer the share certificate in the name of the widow of the deceased owner, simultaneously they may have to execute a registered release deed relinquishing their rights n the property.

After this the wife of the deceased can apply for transfer of revenue records to her name from her deceased husband's name. 

Before that, they may have to obtain a legal heirship certificate from the revenue department to establish the names of the legal heirs of the deceased. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Besides obtaining legal heirship certificate, the other legal heirs have o give their NOC to the society for transferring the share certificate to the wife of the deceased and also the other legal heirs have to execute a registered release deed relinquishing their rights in the property. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

1. You have not mentioned who else are there as the legal heirs of the said deceased husband. 

 

2. Collect legal heir certificate from your ward counselor of Salt Lake Municipal Corporation. He might ask for an affidavit from you affirming the name/s of the legal heirs.

 

3. Once the widow of the deceased person gets the legal heir certificate stating the she is the sole surviving lergal heir of  her late husband, a fresh certificate will be issued by the Society in her favour cancelling the share certificate which was originally issued in favour of her husband, since deceased. 

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

For claiming share/ownership of immoveable properties, legal heir certificate is enough.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

1. Is wife the sole surviving Class 1 heir of this man?

2. Class 1 heirs of a Hindu male dying intestate are his mother, widow and children. If he is survived by children as well then they too have succeeded to the property along with mother.

3. All class 1 heirs have to execute the sale deed in favour of buyer unless one or some of them have relinquished his/their share.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If she obtains legal heirship/succession certificate with declatation that she is like successor of her husband, she can get the  title of the flat transferred to her name. 

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

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