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Ownership flat in chs

(Querist) 03 November 2014 This query is : Resolved 
Sir/Madam,

My Sister & brother-in-law had purchased an ownership flat in a CHS in Mumbai. The name of my sister stands first in the registered document and Society Share certificate, the name of my brother-in-law stands second. My brother-in-law died intestate last year, they have no issues. My sister is the only surviving beneficiary.

Now my sister, who is a senior citizen, wants to sell the flat, what is her position? The registered deed and the share certificate have the name of my brother-in-law as the second owner.

Please offer expert advice and oblige.

Thank you all in eager anticipation,
Senior Citizen
KAMARAJ BHARATHY G (Expert) 03 November 2014
Nothing to worry. your sister may sell the property upon getting legal heirship certificate of your brother-in-law for showing her sole legal heirship and absolute ownership over the property.
Devajyoti Barman (Expert) 04 November 2014
After death of her husband you sister has become sole owner of this property and she can transfer it to anyone she chooses.
ajay sethi (Expert) 04 November 2014
you have to apply to the society to delete your brother in law name from share certifcate . enclose copy of death certificate . if your brother in law has left nomination in your sister name society will do so on furnishing indemnity bond in this regard
Sunil S Nair (Expert) 04 November 2014
You dont have to worry your sister is legally entitled to the said property
Sunil S Nair (Expert) 04 November 2014
You dont have to worry your sister is legally entitled to the said property
seniorcitizen (Querist) 04 November 2014
Sirs,

Many many thanks to all the legal luminaries for the advices offered, I would like to add a corollary:

My sister has appointed a nominee as also she has made a Will of the flat. She is at an advanced age, what will be the position of the nominee/beneficiary in the event of demise of my sister before she could sell tha flat?, as the registered deed and share certificate bear two names, first that of my sister and second of my brother-in-law.

Will the nominee/beneficiary have the same legal options/rights? Whether he/she has the option to sell?

Please offer advice and oblige.

Thanking all you in advance,
Senior Citizen
T. Kalaiselvan, Advocate (Expert) 07 November 2014
For the present if your brother in law was not survived by his mother, your sister alone becomes legal heir to inherit the share of your brother in aw in the property. She may transfer all the shares on her name by applying in writing to the society enclosing the death certificate of her husband, then it will be confirmed that she becomes the sole owner of the property after which she can nominate or execute a Will in favor of any one of her choice to inherit the property after her mortal days.


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