Co-operative housing society
seniorcitizen
(Querist) 27 February 2018
This query is : Resolved
My sister is a senior citizen, she owns an ownership flat at Kandivali, Mumbai jointly with her husband. Her name stands first in the share certificate and the registered documents and the name of her husband stands second at both places. She does not have any children. Her husband demised some time back.
What is her position with regards to the ownership of the flat? does she automatically become the sole owner or she has to get a succession certificate from the Court? can she sell the flat?
What should she write to the society to delete the name of her husband from the share certificate? How can the name of her husband be deleted from the registered documents of the flat?
Your advice and guidance is requested.
Thanking you experts in anticipation,
Senior Citizen
Dr J C Vashista
(Expert) 27 February 2018
@ senior citizen,
If you want to seek obligation of experts you will have to disclose your identity as per rules of this platform, no reply for anonymous author.
Vijay Raj Mahajan
(Expert) 27 February 2018
The person should first get the legal heir certificate from the SDM office of the district as her name being the sole heir of her deceased husband. The next step is to get the name of the husband deleted from the property records, shares etc by submitting the copy of the death certificate and legal heir certificate. The property after these formalities can be sold.
Kishor Mehta
(Expert) 02 March 2018
Under Hindu Succession Act, since there are no children, the wife is the sole legal heir/beneficiary in the present case. However it is advisable to get a succession certificate from the Bombay High Court for absolute ownership.
