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VIRAL SHAH (TA)     22 August 2018

Delete name of flat co owner on death

We have a flat in ownership in co operative housing society on 3 joint names . My father,(1st name)  brother (2nd name)  and myself (3rd name) [No percentages mentioned ] . My father and brother have given nominations to the society with myself as the nominee.

My father and brother both stay outside India, Now my father has expired. 

1. For deleting my father's name from the records/share certificates is it enough to give his death certificate copy to society or do we need to give anything else ? Does that make the property now jointly held by my brother(1st) and myself (2nd) ?

2. My brother also wants to remove his name and make me the sole owner of the flat. Is there anyway doing that without he coming to India and paying any stamp duty/fees etc ?

Note: My mother is alive but she has no interest in taking ownership of the flat.

 



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 3 Replies

Kumar Doab (FIN)     25 August 2018

Which personal law applies in your case?

Are you all Hindu?

Confirm!

Kumar Doab (FIN)     25 August 2018

 

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

Kumar Doab (FIN)     25 August 2018

The legal heirs can claim from nominee.

Legal heirs can dispose their share in favor of nominee.

You may inquire process/procedure/requisite docs from society office.

If NO % share is mentioned all should have equal share.

The share of deceased shall devolve upon his legal hiers.

And relate with provisions in applicable Model Bye Laws/act in the state.

You may approach a   very able LOCAL senior counsel of unshakable repute and integrity specializing in Consumer/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.

There are able counsels at each location.

Check for such counsels at LOCAL Co-Op courts/ civil courts, HC, SC…

Your counsel may also opine on PoA and even draft IT to suit your long term interest.


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