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Flat Membership in Co-op. Hsg. Soc.

(Querist) 24 April 2008 This query is : Resolved 
Facts :

There are 2 Holders (Husband & Wife resp.) to a Flat in a Co-op Hsg. Soc.(situated in Mumbai) First Holder has died.

Query :

1]What is the Procedure for Deletion of 1st Holder's Name from the Ownership of Flat ?
2]Further, 2 unmarried daughter's names need to be added as 2nd & 3rd Holders resp.
what will be the Documentaion,etc need to be complied with ?
3]Any Deed / NOC need to be submitted ?
4]Any Notary,etc need to be done ?
5]Can the Flat be sold without such Deletion of 1st Name ?
6]Does the 2nd Holder is deemed to enjoy 100% Ownership on 1st Members's Death ?

Awaiting urgent reply.
amit gupta_lawyer (Expert) 23 May 2008
well generally in such cases if the other holder has the right to sign on behalf of other holder in case of his death then it become easier but it depend on the situation that whether the specific clause mentioned in the agreement or not, otherwise the first class legal heirs would be entitled to take place of deceasesd holder by way of succession in absense of any will of that holder.
Ashey (Expert) 03 April 2009
If he had died without making any will the the property devolves as per the Law of Succession
Ashey (Expert) 03 April 2009
1]Death Certificate , probated Will , Legal heir certificate

Ashey (Expert) 03 April 2009
1]Death Certificate , probated Will , Legal heir certificate

Ashey (Expert) 03 April 2009
2]Death Certificate , probated Will , Legal heir certificate
Ashey (Expert) 03 April 2009
4]Yes Notary has to attest the photostat copies

Ashey (Expert) 03 April 2009

5]Yes it can be sold ?
Ashey (Expert) 03 April 2009

6]No ... Legal heirs get share in the property?
Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members.
I think your valuable opinion will assist the author to solve the matter in question properly.


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