Transfer of flat in the name of wife on death of her husband
Himanshu
(Querist) 11 March 2010
This query is : Resolved
One person has purchased flat in Dombivali, Maharashtra in 1992 but proper stamp duty was not paid at that time and the agreement was not registered. Now that person has died last month. As per his will (not registered) property has to be transfered in the name of his wife and even in the nomination form filed in society of the building, name of his wife has mentioned.
Now for tranfering that flat in the name of his wife (1) whether Probat is required because property is within the jurisdiction of Bombay High Court and (2) whether registered document with proper stamp duty paid will be required to submit to society. If yes, which document has to be stamped and registered.
Please advice.
adv. rajeev ( rajoo )
(Expert) 11 March 2010
It is an agreement of 1992, moreover deceased cannot become the owner of the property on the basis of the unregd., will.Wife will not get any tittle on the basis of the will, because deceased had no right or tittle over the suit property. Now wife cannot claim from the seller even she cannot file a suit for specific performance of contract. Because it is already timebarred.
Kumar Thadhani
(Expert) 11 March 2010
Since it appears that flat wherein you resides is a registered society Fil an application before the REGISTRAR OF COOP. SOCIETY and relates point wise attach documuntary like zerox copies of Death certficates & share certficate .THE REGISTRAR will heaing to that calling you and the responsible person from the commitee members or thier society"s lawyer. After hearing your flat will transferred in the name of his wif.
Raj Kumar Makkad
(Expert) 11 March 2010
I have also similar opinion as of Thadani. Nowhere in the quarry it has been been pleaded that seller is any private person rather society has been remembered time and again means it is a dispute between society and the deceased which has now come in inheritance to his widow. So she can very well claim for execution of earlier agreement with the society and on refusal can take the shelter of law.
