Priyank (Manager) 18 March 2013

Both the owners died without making nomination

I am the secretory of our society. one of our flat is jointly owned by father and his son. son died in 2006 and father died in 2008 without making nomination. society has recived death certificate for both the members from wife of son and asking to transfer the flat in her name. kindly advice on the same. we need to know what is the procedure to tranfer the flat avoiding future hitches.

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4 Replies

Kumar Doab (FIN) 18 March 2013

Father and son were joint owners of the Flat i.e. enjoying 50% ownership.

If both of them were Hindu and have not left any will: have died in estate:

The 50% share of both Father and Son would be equally divided first amongst Class I legal heirs of each of father and son;

Son/Daughter, Widow ,Mother, Son/Daughter of a pre-deceased son (per-deceased means “already Dead”), Son/Daughter of a pre-deceased Daughter ,Widow of a pre-deceased son, Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels), Widow of a pre-deceased son of a predeceased son

So transfer of 100% ownership to wife of deceased son may not be right, if ClassI legal heirs of deceased father are alive.

Your society might have framed rules on deceased member’s flats or there might be provision to frame as per guidelines from Registrar Of Societies…..

The lady may be advised to obtain Letter of Succession/ Heirship Certificate from Court.

Nominee is only a trustee to receive the proceeds of the deceased and divide amongst the legal heir. Nomination does not overrule succession and rights of legal heir.

Valuable advice of learned experts/members is sought.

Priyank (Manager) 02 April 2013

we are advicing her to get the Succession/ Heirship Certificate from Court since many years but she is not ready to spend money on that. we have asked her to bring all classI legal heir to society for the formality, she has denied on it. now she is saying she will end her life if transfer doesnt takes place. kindly show us the way..

Kumar Doab (FIN) 02 April 2013

You have posted that:

“we are advicing her to get the Succession/ Heirship Certificate from Court since many years but she is not ready to spend money on that.’

It means that you have already sought legal opinion on the matter and have conveyed the same to the lady.

You may show all documents to the lawyer on the panel of your society, obtain legal opinion in writing, inform the lady thru your lawyer on the formalities and bring the matter and minutes on record. If other legal heir has staked claim then that may also be brought on record.

You may inform the local police SHO on the intentions of the lady and let the local police station record the minutes in its register and you may obtain the copies thru RTI.

Can you find out a lawyer/NGO who shall charge a nominal fee/no fee from all legal heir and arrange a succession certificate for all legal heir? Or all legal heir should divide the expense or contribute.

This shall help you also.

One of the legal heirs has to approach court for heir ship/succession certificate.

As per your lawyer is there any other way out?

Kindly proceed as deemed fit.