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Shweta (Lawyer)     21 January 2022

How to sell flat of dead owner

A & B are joint owners in a flat located in Mumbai even post their divorce and the same is mentioned in the divorce order as well.. Post the divorce the lady ‘A’ moved out and B continued to live alone in the flat.. ‘B’ died a natural death in the closed flat without anyone’s knowledge.. The society members smelled stench and broke open to see ‘B’ lying dead.. Committee called ‘A’ to inform.. Committee also informed ‘B’ sisters (his 2 sisters are his only legal heirs.. His parents have pre deceased).. Now ‘B’ had not been paying his maintenance and it has mounted to 30K.. Committee is following up with ‘A’ for payment as she is the joint owner.. 

‘A’ now wants to sell the flat.. But address of legal heirs of ‘B’ are unavailable.. Neither the Society nor ‘A’ is aware of the address.. ‘B’ legal heirs i.e. the 2 sisters are refusing to answer calls of ‘A’ and in short they are not cooperating.. Neither are 'B' sisters consenting to the sale of property nor are they making themselves available to any kind of negotiations..

Can someone help procedure for sale.. How should ‘A’ proceed from here on.. What are the remedies available to 'A'
Thank you 🙏


 2 Replies

Adv Ibrahim Deshmukh - Navi Mu (Advocate)     22 January 2022

Issue a legal notice to B’s legal heirs to share 50% of the society’s maintenance arrears, Municipal taxes  and utilities bills etc.,  under cc to the Secretary of the society.

Failing which, to avoid penal charges of society,  A should clear the dues from her side and take B’s legal heirs to Co-op. Court for non-payment of their share of society dues.

As far as selling the Flat is concerned, A will need to go for a declaratory suit in civil court and get an order passed in A’s favour for the 50% of her share in the Flat.  Presuming that  the Flat purchase price was shared by B from his own earnings  and also there was  an investment from A’s side in purchasing the said Flat.

Adv.  Ibrahim Deshmukh
Deshmukh & Associates
Office: Sai Samarth Blessings
Shop No. 4, Mirchi Galli, Panvel

Mob: 704 55 36 236

Shweta (Lawyer)     22 January 2022

Thanku for the reply Sir.. The main problem is that 'A' is not aware of the address of legal heirs of 'B'.. Hence 'A' is clueless how to proceed further.. Kindly guide 🙏

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