Mahesh (Others) 15 July 2013

Succession by sister

Hi,

My uncle had property in Kandivali-Mumbai.

Both his parents had expired and he was a divorcee without any child.

He only has his sister who is also the nominee of her proeperty.

Recently my uncle expired. The Co-operative Housing Society has transmitted the shares in her name but only as "TRUSTEE". They have also asked for letter of adminstration / probate from court to get ownership rights.

Please suggest how can she get ownership rights for the same.

1) Is Succession certificate the only way.?

2) Can't a self decleration of being the only legal heir be sufficient for the society to give her ownership rights

3) Can Legal Heirship certificate work over here..

Please suggest on the same

Actual contents replied by society as below

--------------------------------------------------------------------------------------------------------------------------------------

we hereby inform you that under Bye Law

No. 34 and subject to the provisions of the Section 30 of MCS Act, 1960B ye Law No. 17A or 19,

the Society has transferred the shares of the Flat No. C-301 of the Society to you in the records of

the society upon executions of various documents.

We confirm that necessary entries have been carried out in I Form Register, J Form Register,Share

You will enjoyt he rights of occupation of the said f lat as provided under the Bye Law No. 24(a)o f

the Bye Laws of the Society and the flat shall be used for residential purpose and you will observe

and co-operate with the various decisions taken by the society from time to time.

As communicated you earlier,kindly note that you shall occupyt he flat as a trustee on behalf of

the successors/heirs. The legal heirs or the persons entitled to the estate are decided in a court of

law. Hence,you need to submit to the society,at your convenience, a letter of administration /

probate from appropriate court to get ownership/ permanent rights in the said flat.

--------------------------------------------------------------------------------------------------------------------------------------------

thanks & regards

Mahesh Lad

Reply Follow

4 Replies

vivek malhotra (Advocate) 15 July 2013

If any person died intestate without making any Will. Succession Certificate/Letter of Administration is required to get the assests of the deceased transferred in the name of his legal heir and this is mandatory in the eyes of law.

Vivek Malhotra

Advocate

Mahesh (Others) 15 July 2013

Hi Vivek,

My uncle did die without any will..

Please share me your cell no so that i discuss with you on the same.

thanks & regards

mahesh lad

Mahesh (Others) 16 July 2013

Hi Vivek,

I have heard of other co-operative societies transfering share certificate with ownership rights to nominee based on affidaviate filed by them stating that only he/she is the legal heir for the same.

In what condition is the above applicable ?

thanks & regards

Mahesh Lad

vivek malhotra (Advocate) 16 July 2013

In some cases it is applicable. But when you go to get the same registered in your name from Any Govt. Authority you need Succession Certificate/Letter of Administration.