Transfer of flat ownership rights in mumbai

Querist : Anonymous (Querist) 24 December 2011 This query is : Resolved
Residential flat(in Mumbai)is jointly owned by Husband (1st name in the agreement) and wife (2nd name in the agreement). They have also filed a nomination form with the society in the name of their kids. My question is after the death of 1st owner (Husband), flat automatically gets transferred in the name of wife (as she is a joint owner of the flat in the agreement) or it will be transferred in the name of nominees (kids). Please explain the legal position.

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V R SHROFF (Expert) 24 December 2011
She being guardian , the Q of trf to Nominee kids does not arise,

On production of DC, and Apli for transfer, the Flat can be transferred to Wife's name.

However, if Mother or father of H is alive, can claim her/ his/ their share out of Property of her/his son died intestate.

prabhakar singh (Expert) 25 December 2011
On demise of your husband the half left by him as his interest in the flat would devolve upon his heirs equally including you, his all sons and and daughters and even her mother[if survived by him],then nominees have right to come on records.