Sushil (student) 18 June 2012

Jointly owned apartment, is husband sole owner after wife

Hi Experts,

I need your opinion on the following scenario -

A working couple, A (husband) and B (wife) book an apartment in NCR and get the provisional allotment letter from the builder showing them as the joint owners. They keep paying the installments as and when the requests are raised by the builder. Almost 40% of the amount paid is paid by B's family (through cheques). Three years after booking the apartment, B expires without leaving a will. Following are the queries now -

1) Is provisional allotment letter good enoough proof to prove their joint possesion of apartment?

2) Does, in this case, A automatically become the sole owner of the apartment by law? If yes, is there need to get an updated provisional allotment letter issued from builder where in A is mentioned as the sole owner or the original one enough? If yes, what documents need to be submitted to the builder to get an updated provisional allotment letter?

3) Can B's family in any circumstances claim their right on the property?

Thanks

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7 Replies

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 19 June 2012

1) Is provisional allotment letter good enoough proof to prove their joint possesion of apartment?

yes

3) Can B's family in any circumstances claim their right on the property?

Thanks'

B's family means, her father, mother or ur children, if yes they cann't claim

Sushil (student) 19 June 2012

Thanks SRINIVASA PRASAD for the answer. By B's family, I meant her parents and brothers.Also, is there need to get an updated provisional allotment letter issued from builder where in A is mentioned as the sole owner?

Thanks

Ajit Singh Cheema (practising Advocate) 19 June 2012

1 Not the joint possession but joint ownership can be proved.

2If A and B donot have kids, then A will succeed B and shall become full/sole owner.

3 Bs family meaning thereby the family comprising of A,B and kids. The parents or brothers and sisters of B cannot claim any right in thr property.

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M V Gupta (Advocate) 20 June 2012

I agree with views expressed by the Experts on A becoming the sole buyer of the aprtment on the death of B. As regards ur query whether it is necessary to get a revised letter of offer, my opinion is it is very much necessary. Write a letter to the builder reporting the death of ur wife with death certificate and ask him to issue a revised letter of offer. The builder is bound to issue such LO. Obtain ackonowledgfement of the builder on a copy of the letter given by you.

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Sushil (student) 21 June 2012

Thank you all for the clarity.

Sushil (student) 21 June 2012

The builder has asked for a succession certifiate to issue an updated allotment letter. Should this be required?

My understanding is that the succession certifiate should be required only if the sole allotee dies interstate and one wants to claim the property. Whereas, in this case, A and B are joint owners and after death of B, A becomes the sole owner.

Please suggest.