Flat transfer

ajay (Querist) 11 July 2021 This query is : Resolved
If a flat has 2 owners and one of the owner makes will and nomination in the favour of their children, now that owner passes away and then second owner of the flat does not makes any will or nomination form, how can the nominees of the first owner can claim the flat.

Follow Query

Report Abuse

Quick Summary

When one of two flat owners passes away, their will dictates the transfer of their share to their nominated children. These beneficiaries inherit half the ownership based on the will. The remaining half stays with the surviving owner. Nominees act as custodians, facilitating the transfer to the legal heirs who can then apply to the society for their share certificate, potentially requiring probate in metro areas.

K Rajasekharan (Expert) 11 July 2021
The children of the deceased owner altogether will have the right to half of the ownership of the flat hence forth, based on the Will.

The other half of ownership belongs to the second owner, mentioned in the query.

SHIRISH PAWAR, 7738990900 (Expert) 11 July 2021
Hello,

The proportionate share of deceased person will go to his legal heir as per will. The legal heirs has to apply to society for transfer the share certificate in their name. In metro area you will have to get probate from court.

kavksatyanarayana (Expert) 11 July 2021
The beneficiaries as per the Will of the deceased owner have equal rights over the 1/2 share of the deceased owner. They have no rights over the 1/2 share of the 2nd owner. If there are no disputes between the beneficiaries probation will not compulsory in my view. So, furnish a copy of the Will to the Society and ask the society to transfer in their name.

P. Venu (Expert) 12 July 2021
Who are these two owners? How come the situation that there are two owners for the single flat? Are they related by marriage or by blood? Please post complete facts.

Please post queries, not riddles.

Dr J C Vashista (Expert) 13 July 2021
The beneficiary of 1/2 portion left behind by deceased shall have claim, right, interest and title of the subject flat.

Nominee has to facilitate transfer of right of deceased in favour of legal representative of deceased, where the nominee is just a custodian during the transition period without any right, interest or claim in the flat.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries