Deth without will
Arun Naik
(Querist) 13 September 2012
This query is : Resolved
SIR,
My son-in-law expired without doing any will. He is having a flat in his single name. The builder has not register the Society. now tell me how my daughter will get the flat in her name.? She is having a child (girl)of 8 years old. Is it necessary to include the name of child?
A.P.NAIK
Anish Thakur 7018812737
(Expert) 13 September 2012
you only have to transfer the ownership of flat so you can do it by representing succesion certificate and its necessary to include the minor child as he has also a right over his fathers property.feel free to call on 9459321520 if you have left any query.
V.Mahadevan
(Expert) 14 September 2012
In the first instance, get the following in place.
1. Agreement between the Builder and son-in-law
2. Death Certificate of the son-in-law
3. Marriage Certificate (duly registered with Registrar of marriages) of your daughter
4. Birth Certificate of the girl child with her name and date of birth.
5. Notarized Affidavit,in the absence of 3 above.
You may then proceed to seek legal assistance.
J K Agrawal
(Expert) 15 September 2012
Instead of going for a succession certificate , you first should give an authentic information to the builder and should claim your right. Succession certificate is not necessary if you do not reside in Kolkata, Mumbai or Madras.
If the Builder denies your rights you should file an injunction suit instead of succession certificate.
ajay sethi
(Expert) 15 September 2012
builder wont transfer flat in your daughter name . it is advisable to obtain a succession certifcate to save your daughter legal problems at a later stage .
