Property share distribution
Mohammed Rizwan Shaikh
(Querist) 24 November 2014
This query is : Resolved
In a CHS, a flat is owned by Mr. A (father) and Mr. B (Son) - Muslim Community,, both of them died intestate.Mr. A was married to Mrs. D (Second Wife) as Mrs. C (first wife) expired. Mr. A had 5 daughters and 2 sons (Mr. B and Mr.E). Mr. B expired leaving behind his wife (Mrs. F) and 9 legal heirs. The flat is in possession of Mrs D (second wife). Now, Mrs. D wants to transfer her 50% of the flat on her name and Mrs. F also wants to do the same.
So now in this case, how can society transfer the flat?
Will society require NOC from all the legal heirs?
Mr. A's five daughter wants their share in the 50% of the flat in their father's flat?
Should society call for Succession Certificate?
What legal steps can be taken to resolve this?
Please help as this issue needs to be resolved at the earliest.
Regards,
Rizwan Shaikh
T. Kalaiselvan, Advocate 
(Expert) 27 November 2014
The society other than transferring the shares, has got nothing to do with the partition of the property. If there is no amicable partition among the heirs of both the deceased, a partition suit before a court of law will be the only remedy
