Regarding Selling flat and legal heirs role
sam
(Querist) 12 July 2017
This query is : Resolved
Person A was owner of one flat in co-op society. After death of A, shares are transferred to his wife's name. Person A has only one daughter(married). Now person A's wife want to sell flat. Will NOC or succession certificate required from daughter to sell the flat?
P. Venu
(Expert) 12 July 2017
Shares in the CHS is distinct from the title to the property in the flat; the title is jointly devolved upon the legal heirs i.e. the wife and the daughter. It is not sufficient that daughter gives the NOC, she needs to execute the sale deed together with the mother.
Kumar Doab
(Expert) 12 July 2017
It is believed that all are Hindu.
Confirm!
Kumar Doab
(Expert) 12 July 2017
The society might have transferred the shares in the name of Nominee as on record or as per instant matter.
ClassI legal heirs shall have equal share ie. Mother (if alive as on date of death), Wife (if alive as on date of death), sons and daughters.... .
Death certificate, legal heir certificate are basic requisites.
All legal heirs may have to sign.
Check in your state if LOA is required.....
Rajendra K Goyal
(Expert) 12 July 2017
Signatures of all legal heirs required to sell the property.
Hemant Agarwal
(Expert) 12 July 2017
1. Let "Wife" execute the Sale Deed, with the sole Daughter as the "consenting & confirming" signatory party in the Sale Deed, with the relevant strategic clauses in the Sale Deed. This will suffice for all legal purposes, irrespective of any criteria and/or irrespective of any document (i.e. Succession Certificate, Will, Probate, LA)
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 12 July 2017
The legal heir (sole ) i.e daughter may sign as suggested by Mr. Hemant Agarwal and Mr. P.Venu.
Mr.Hemant Agarwal has clarified that LA is not required.
Kumar Doab
(Expert) 12 July 2017
Dear Mr. Hemant Agarwal,
In such case in case of CHS instead of the legal heir certificate some other document say affidavit mentioning daughter being sole legal heir can suffice!
Death certificate would be required.
Kumar Doab
(Expert) 12 July 2017
Dear Mr. Hemant Agarwal,
Pls post your informed views in another thread at:
http://www.lawyersclubindia.com/experts/Regarding-my-mother-s-will-dated-24-02-2005-647161.asp
Dr J C Vashista
(Expert) 15 July 2017
Dear Expert Sh. Hemant Agarwal ,
As I could make out seller and buyer are the parties to a "Sale Deed" which are witnessed at the registration office. Could you kindly elaborate the connotation of "consenting and confirming" signatory party to the document of "Sale Deed", whether there is any such party to the sale deed?
Regards
Hemant Agarwal
(Expert) 18 July 2017
for: Dr. J.C.Vashista (Expert)
1. Appropriate strategic clauses will have to be cited in the body of the Sale Deed, mentioning the events in the deceased's family and legal heirs and that the legal heirs have consented to the sale and sign the agreement unconditionally without any disputes.
2. In the Sale Deed, AT the end :
(I) Seller Party:
a) Mother Sign
(Seller-1 & Confirming Party)
b) Daughter Sign
(Seller-2 & Confirming Party)
(II) Purchaser Party:
a) .... sign
b) .... sign
3. Supported with the relevant annexed documents, the above legally circumvents, the requirement of any succession documents. AND the signatories to the Sale Deed (in front of the constitutional Registering Authority) would perpetually forfeight their any futuristic rights to adjudicate /dispute any further.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
