Transfer of Flat

Bipin (Querist) 22 March 2010 This query is : Resolved
In our society one flat is owned by Two real brothers Mr A & Mr B jointly. Mr A expired without WILL or NOMINATION. Wife & adult married daughter are only two legal heir of Mr A. Mr A's wife applied for transfer of Mr A's share in her name by submitting Indemnity Bond, Death Certificate & No objection from married daughter, but Society or Mr A's wife doesnot have record such as Sale Agreement(Purchase Agreement) of the said flat. Society & Mr A's wife have only Share certificate indicating Mr A & Mr B as joint member for the said flat. Mr B also does not have Sale Agreement (Purchase Agreement)with him for the said flat. Please guide me in detail in this matter how society can transfer the said flat to Mr A's wife name.

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adv. rajeev ( rajoo ) (Expert) 22 March 2010
Apply for the certified copy of the sale deed regd., with the sub-registrar of your city.

adv. rajeev ( rajoo ) (Expert) 22 March 2010
The sale deed might have been regd., so get it and apply for the transfer of a flat

R.R. KRISHNAA (Expert) 22 March 2010
A's wife has no share in the property. A & B being joint owners, and as per the law of co-ownership if one co-owner dies the entire property will devolve on the other co-owner. Hence A's legal heirs have no right on the property.