50% share of deceased associate member in the flat of chs ltd.
Ajit N Katkoria
(Querist) 15 April 2016
This query is : Resolved
Mrs. X (widow), a member, is holding a flat jointly with her husband late Mr.Y (who was died 10-years ago in a Co-operative Housing Society. Mr.Y's name still appears in flat agreement and share certificate of the flat. Mr.Y was an associate member and didn't nominate anyone nor made any WILL. Now, Mrs. X wants to sell her flat. She is having 2-married daughters and 2-married sons. What are the documents that the society should ask from her before she sell it off to other outside party/ies as late Mr.Y was holding 50% share in the said flat? Kindly advice.
Kumar Doab
(Expert) 15 April 2016
Nomination in society is not a parallel route to succession.
All other legal heirs can relinquish/release their share in favor of X.
Once X is sole owner, she can sell.
A local lawyer can help you.
P. Venu 
(Expert) 16 April 2016
Agreed.
In addition, any property transaction needs to be completed through a registered deed.
Rajendra K Goyal
(Expert) 16 April 2016
All the legal heirs along with the widow (also a LH) need to sign the sale deed.
Kumar Doab
(Expert) 16 April 2016
Check society rules, and documents required by society, also.
Death certificate, legal heir certificate/succession certificate are usually required.
Rest local lawyer well versed with society rules, local laws can guide you further.
Dr J C Vashista
(Expert) 17 April 2016
Get the relinquishment deed registered by all sons and daughters in favour of their mother in the succession suit to be filed by Mrs. X through a local lawyer.
Hemant Agarwal
(Expert) 14 May 2016
1. Mrs. X (Wife of deceased) can execute a properly drafted Sale-Deed with the buyer, BUT all the legal heirs of the Deceased person should sign as "confirming party" before the Registrar of sub-assurances. This will off-set all the other legal procedures that are required, under the law.
2. IF the legal heirs do not cooperate, THEN file petition for "Letter of Administration" before the High Court, for proper decree.
Keep Smiling .... Hemant Agarwal
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