Hi All, My father expired a year back after we moved to redeveloped flat. Before we had agreement of permanent alternate accommodation. After possession we received possession letter only. The flat is in name of my father in alternate accommodation agreement. After he expired we created indemnity bond stating the legal heirs, my mother, brother and myself(daughter) as legal heirs. My brother is not married as of now. Now the society is supposed to be formed in few days. What would be the procedure to add our names in our society documents ? Builder is saying that society flat will be named on my father's name. Is that a legal thing ?
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1) On father demise flat should be transferred in name of legal heirs
2) since father died intestate apply for letters of administration from Bombay high court in name of legal heirs
3) enclose father death certificate , schedule of flat
4) pay the court fees . It takes around 6 months to obtain LA
Ok as LOA takes time, so meanwhile in society formation form whose name do we put ? Is LOA mandatory for society name transfer too ?
It is not mandatory but society may not transfer flat in name of legal heirs in absence of any nomination form by deceased father
society may insist you obtain LOA from high court
Dear Ma'am,
- As per law after the demise of your father , the said flat should be transferred in the name of legal heirs.
- You should apply for getting legal heir certificate or letter of administration , and further submit the same before the builder and society in case formed.
Since the share certificate is still on your father's name, you people should give an application to the society to transfer the share certificate to all the three names, along with the death certificate and the family tree certificate.
After that you may have to move application to the revenue department to transfer the revenue records of this property to all the three names.
Letter of administration is a lengthy process, in any case, the letter of administration will not confer title to the named administrator.
The administrator can just be a care taker to administrative the property on behalf of the shareholders in the property.
It may not be necessary to obtain a letter of administration from a court of law for transfer of share certificate in all your three names, just an application along with a copy of the death certificate of your father and a legal heirship certificate and other requirements as may be directed by the society as per the bylaws may be complied with for getting the property transferred on all the three names jointly.
Please note that your unmarried brother is also a legal heir to your deceased father hence he is also entitled to a share in this property.
You need to submit the death certificate and nominations. If there are legal heirs then their noc then society will transfer the same in their names
1. builder is correct
2. the original allottee is the late father
3. the legal heirs can obtain a LOA or a legal heir certificate
4. LOA takes time but legal heir certificate is comparatively quicker
5. either a LOA or LH certificate is mandatory for clear title
