Transfer of flat to wife in event of death of husband

This query is : Resolved 

11 January 2017

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.

Rajendra K Goyal (Expert)
11 January 2017

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.

Ms.Usha Kapoor (Expert)
12 January 2017

Agree with RK Goyal.

Kumar Doab (Expert)
12 January 2017

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.

rajeev sharma (Expert)
12 January 2017

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.

Adv. Yogen Kakade (Expert)
14 March 2017

I agree with Mr. Sharma

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