Deletion of deceased member from share certificate of flat
JD Rathod
(Querist) 02 March 2014
This query is : Resolved
Dear sir,
One of the flat own by Mrs. ABC (Mother in Law) jointly with Mrs. XYZ (Daughter in law) and the both name is appear in Share certificate. The first owner Mrs. ABC expired in 2012 and joint holder of the flat Mrs. XYZ has send notice through her advocate for deletion of first deceased member's name from the share certificated and give 100% to her name.
In the mean time the deceased members Mrs. ABC four daughter also given letter to Committee Members stating that they four sisters are legal heirs of the mothers and add their name in the flat and do not give 100% wight to daughter in law.
Please advise what committee should take stand and please send us draft letter to write both the claim party.
T. Kalaiselvan, Advocate
(Expert) 02 March 2014
If ABC died intestate, her 1/2 share in the jointly held property along with her daughter in law, i.e., XYZ, will devolve equally upon all her legal heirs including the son of ABC (i.e., if XYZ is taken to be the wife of ABC's son), therefore, if xyz's husband is not alive, his share will automatically devolve upon his legal heirs which may include xyz(provided xyz has not remarried till then). This being the legality, xyz's claim for the entire share of abc on her name is absolutely illegal and unlawful and not tenable as well as not binding on the other legal heirs.
Rajendra K Goyal
(Expert) 02 March 2014
Well advised, agree with the expert T. Kalaiselvan, Advocate.
