Flat sale
narayan kashinath bhide
(Querist) 30 October 2011
This query is : Resolved
my widow sister living in pune having no issues and owning a flat in a chs.died in 2007.she had registered my brother,meand my son as nominees.from hher husband's side she had one nephew and three nieces but they have not come forward as successors to claim the flat. my question is can we sell the flat after the chs gives us membership?if not now then when?
ajay sethi
(Expert) 30 October 2011
your sister died in 2007 . she has made you , your brother and son as nominee .
pursuan to nomination get flat transferred in nominee names . after flat is transfreed you can subsequently sell the flat .
prabhakar singh
(Expert) 30 October 2011
Legally speaking when a hindu women dies intestate living some property ,the same devolves firstly on her sons daughters and her husband among them none survived your sister.Then secondly it shall go to heirs of her husband.In your case there is no class one heir of her husband.Among class II heirs if father of her husband is alive then he shall be the heir ,in case he is not alive,then in your particular case the brother and sister of her husband[if they are]and both will get simultaneously.
So unless your sister has TESTATED any will
in your favor You 3 can not claim the property as heir/owner of her but since nomination has been in your favor you can seek substitution as advised by Mr.Sethi on the basis of your nomination but in the eye of law you shall be holding the property as trustee for her legal heirs coming from her husband side is the correct state of affair
of your case.
narayan kashinath bhide
(Querist) 01 November 2011
thank u m/s sing &bhagat but how long shall we wait for the successors to claim the flat?
