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Home > Experts > Property Law > Transfer of flat to wife in event of death of husband



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Transfer of flat to wife in event of death of husband (Property Law)

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This query is : Resolved


Author : Abdulla C

Posted On 11 January 2017 at 15:18



Incase the husband dies leaving wife and children's behind and there is no nominee registered, does the transfer of share certificate of the flat needs succession or legal heirship certificate.

 

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Expert : Rajendra K Goyal

Posted On 11 January 2017 at 19:58



In whose name the share need to be transferred?

Who are the legal heirs?

Whether society has asked for the same?

How are you concerned with the query?

Generally Succession certificate is applicable for the transfer of movable property.



Expert : Ms.Usha Kapoor

Posted On 12 January 2017 at 04:46



Agree with RK Goyal.



Expert : Kumar Doab

Posted On 12 January 2017 at 20:42



Reply to points raised by expert Mr. Rajendra K Goyal .


Succession is as per personal law that applies to deceased owner.


There is NO nomination, hence legal heir certificate may also be acceptable............


In case of objections and dispute the society may press for succession certificate.


Go thru Bye Laws and relate with Model Bye Laws.



Expert : rajeev sharma

Posted On 12 January 2017 at 20:52



Since you belong to Muslim community hence Shariat law applies. Since society may not be aware of it hence will need a certificate from court.


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