John (Manager) 02 December 2012
Hi,
My father held a valid membership of a flat, alloted by the DDA, in a CGHS at the time of his death. my mother is the nominee to the memberhsip in the society. he has not left a will. we are 4 sibings of which 2 of them are minors. we were wanting to sell the flat to use funds for an emergency. what is the procedure to sell the flat ?
SANGAMESWARA RAO DHUPAM (Retired Government Employee of Registration and Stamps Department) 02 December 2012
All the legal heirs shall execute a Sale deed in favour of the Vendee and register the same in the Registrar`s office concerned
k.chandrasekharan (advocate) 01 January 2013
Nomination to the society enables only transfer of membership of your late father. to your mother. Get it done first, since, in any sale transaction, your mother as ther senior legal heir of your father has to sign, the deed, and purchaser would insist on the membership of the society in her name,at least. Also, payment of maintenance charges by her will be with proper proof of receipt by the society in her name.
In the absence of a will, all the class 1, legal heirs would succeed to the property. In your case, it would be your father's mother (if alive), your mother, you, your major sibling and two minor siblings.
As per law, minor's interest in property can not be alienated by the guardian (your mother), without the permission of the court. But many people do, mentioning clearly the purpose of sale, as for legal necessities for rearing, maintaining, food, medical and educational needs of the minors, and mostly purchasers do not insist on court order. But some purchasers who are extra precautious, insist.
Try for sale without court procedure, which may entail enormous time lag.
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