Registration of flat jointly owned
smita
(Querist) 26 July 2015
This query is : Resolved
Hi,
My husband passed away a year ago leaving an unregistered will in my name with witness signatures where he specifically mentioned all the immovamoble properties.
I want to mention we stay in bangalore and we have a registered flat in bangalore and another yet to be registered flat in Bhubaneswar, Odisha. Both the flats we both are joint owners in documents and also in loans.
Now the builder of bhubaneswar flat is asking more supporting documents like succession certificate to make the property transfer documents in my name for the purpose of registration.
Please guide what actually should be done and where it should be done(where the deceased was staying during death or the location of property)
kavksatyanarayana
(Expert) 26 July 2015
obtain succession certificate from court of law at bungluru. The legal heir certificate is sufficient as you are also a party with your husband for registration purpose.
Kishor Mehta
(Expert) 26 July 2015
Madam,
The Will need not be registered, it should be properly witnessed by two independent witnesses. You can get a probate on the Will of your husband.
Alternatively you can get Succession Certificate or Letters of Administration from a Court of Law.
Good Luck,
Kishor Mehta
Dr J C Vashista
(Expert) 27 July 2015
Since you are joint owner and your husband has bequeathed both the properties in your name through the instrument of WILL (get it probated), you are rightful absolute owner of the flats in Banglore as well as Bhubaneshwar.
P. Venu
(Expert) 27 July 2015
Since there is a Will, no certificate required.
smita
(Querist) 27 July 2015
Thank you all esteemed experts for your suggestions. please let me know whether a succession certificate or letter of probate on WILL is a faster and cheaper option as am a single woman left with a kid. and whether this can be done in a tahasildar office or sub registrar office. can a lawyer take care of the entire process.
smita
(Querist) 27 July 2015
Dear P.Venu,
I obtained a surviving member's certificate here in bangalore and also produced the WILL, but the builder has apprehensions about a specific line mentioned in the certificate as "this should not be treated as a legal heir certificate".
please guide.
Rajendra K Goyal
(Expert) 27 July 2015
No need of succession certificate. Get the will probated and ask the builder to transfer the property according to probated will.
M/s. Y-not legal services
(Expert) 27 July 2015
The immovable properties are self acquired property of your husband mean, WILL itself enough madam. No need any other documents.
But now your problem is the WILL is unregistered one. So first you have to probate that WILL before the competent court madam.
You not claiming your share from your deceased husband. So no need to worry about to obtain legal heirs or succession certificate
Dr J C Vashista
(Expert) 28 July 2015
Even if the WILL executed by the deceased is unregistered you will have to file a probate petition before the District Judge (where property is located)through a local lawyer,time and money consuming affair, but you have the only option to acquire ownership of the properties.
