Removal of co applicant in case of death of my wife
Prashant Kumar Srivastava
(Querist) 22 July 2017
This query is : Resolved
Hi,
I have purchased one under construction flat in 2012 for which my wife is Co Applicant. Now before taking possession my wife died.
I have her death certificate and Legal Heir document with me.
Now I want to remove my wife name from my flat.
Can this be done without succession certificate. Is it required in this case.
Note place of death and property both are in UP but in different cities.
Kumar Doab
(Expert) 23 July 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 23 July 2017
Death certificate, legal heir certificate may suffice as basic requirements.....
The legal heirs may agree to relinquish per procedure......
Prashant Kumar Srivastava
(Querist) 23 July 2017
We both are Hindu. Me and my minor daughter (4.5 yr old) are only legal heir as per the Legal certificate.
I am the guardian of my daughter.
Kindly confirm succession certificate is not required in this case as builder is asking for succession certificate.
Need your suggession so that I can argue them on this point.
Dr J C Vashista
(Expert) 23 July 2017
You have not submitted relevant information to form an opinion and advise you properly, for which you will have to consult a local lawyer.
Presumably it is a builder or Society flat, isn't it? Submit an application to the builder (if it is the subject property is builder flat) or Society with copy of death certificate.
Sudhir Kumar, Advocate
(Expert) 23 July 2017
You have apparently not consulted the society/building/board from whom you purchased the flat. You have simply jumped for legal advise without even disclosing from whom flat is purchased.
Your query is on procedure and not on law.
Prashant Kumar Srivastava
(Querist) 23 July 2017
I have submitted all requested documents to the builder(Supertech) from whom I have booked the Flat.
They only are now insisting for Succession certificate for removal of Co Applicant.
It's Builder Flat. I already submitted Legal Heir, Death Certificate and NOC from my mother in Law, my daughter birth Certificate.
Kumar Doab
(Expert) 23 July 2017
Succession opens on date of death. In case of succession of Hindu woman, the nature and source of property matters.
1st right on Hindu woman’s self acquired/absolute property is of; her husband, sons, daughters…..They shall share equally.
By including NOC from MIL also you seem t o have done sufficient.
Rest relate with Prospectus, T&C signed with you.
It might have a clause on requirement on Succession Certificate in case of death of Co-applicant.
Usually it is pressed to ward off any legal liability in case some unknown legal heir raises its head.............
Try by offering other assurances e.g; Indemnity etc etc.............
Kumar Doab
(Expert) 23 July 2017
Or lean on your local very able senior counsel specializing in such/civil matters for a considered opinion............and possible remedy...
Rajendra K Goyal
(Expert) 23 July 2017
Succession certificate is generally applicable in the case of movable property.
There are large no. of cases against the builder in National consumer disputes redressal commission.
Builder may ask renunciation from all other legal heirs before proceeding.
