Dinesh Kargutkar (Finance Exec-Treasurer of CHS) 14 December 2011

Sale of flat

Sir,

In this case society have transferred share certificate in the name of wife of the deceased member . Now wife wants to sale the flat and asking for NOC from Society. As sale agreement is still in the name of deceased member is it right to issue NOC for sale of the said property? if not what is the right action to be takjen by society MC?

thanks

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6 Replies

ABHIJEET PARIKH (Bcom LLB MBA) 14 December 2011

U take an indemnity from wife or u can ask them change the content of sale agreement n then issue NOC

Advocate Vishnu (Advocate) 14 December 2011

One more aspect to be added to parikh's suggestion: apply for a succession certificate and produce this to sell the said property. This will make it easier for the society and the buyer to complete the sale transaction.

amruta (Advocate) 14 December 2011

if the share certificate is already transferred in the name of wife, then there will be no problem for society to issue NOC for sale.

if the share certificate is transferred without following due procedure, then the buyer will get the defective title. if soc has transferred share certificate according to will or probate of decesed husband or by succession certificate then there will be no problem.

Dinesh Kargutkar (Finance Exec-Treasurer of CHS) 14 December 2011

Society has transferred share certificate after receiving consent by the son (NOC to transfer the flat in the name of mother) , death certificate of the deceased member, Indemnity bond by wife and affidavit .