documents for sale of flat

Querist : Anonymous (Querist) 25 January 2010 This query is : Resolved
we are selling a flat located in mumbai maharashtra in a co op society.however,the flat is still in our grandfather's name(expired).is it necessary to enter our names(heirs)in the society register or directly transfer to buyer? please suggest the wright procedure.

Thanks & Regards.

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A V Vishal (Expert) 25 January 2010
Since the owner is dead the LR's need to be taken on record as successors. In case there is a will then the wishes of the deceased person will have to be considered and the same needs to be executed by the executor named in the will by obtaining a probate and in case no person is named as an executor or the deceased died intestate then the legal heirs need to apply to the court for grant of LOA.

prakash vathore (Expert) 25 January 2010
i do agree with vishal.

Raj Kumar Makkad (Expert) 25 January 2010
First change the property in your name and then get it sold as per your requirement.

B K Raghavendra Rao (Expert) 25 January 2010

You say it is your grandfather's property (in the name of your grandfather). After his death the succession passes on to his wife and children. Then to grandchildren. It needs to be seen where you stand in the geneological tree.

However, even presuming that you are the only survivor successor to your grandfather, the property has to be transferred to your name by means of a succession certificate issued by the civil court. You have file a suit and after proceedings, you need to get succession certificate which has to be registered in the sub-registrar's office.

Then, you may sell the property to the buyer. After sale, the buyer would approach the co-operative society and get his name entered in their register.

G. ARAVINTHAN (Expert) 31 January 2010
Mutation recommended for the change in the society, so that you can be the owner of the property unless you need to sell it as Legal heirs of your grand father

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