Possession of flat after death of Co owner
Mandar
(Querist) 16 February 2015
This query is : Resolved
My father (first owner alive) and mother (Co owner recently expired) have purchased a flat in tata housing in Mumbai
The flat is ready for possession now and my mother has expired.
I am the only child of them (no brother or sister)
We requested tata housing to handover possession of flat to my father who is first holder of flat but they are delaying it in name of taking legal opinion
Please help me to know the legalities.
P. Venu
(Expert) 16 February 2015
There is no justification for handing over possession. You may serve a legal notice to the effect that consequent upon the death of the mother, the property has devolved upon you and your father.
ajay sethi
(Expert) 16 February 2015
tata housing may insist on obtaining succession certificate from bombay high court . since your mother died intestate her share will devolve on you and your father
Rajendra K Goyal
(Expert) 16 February 2015
Wait, till they receive legal opinion.
Kumar Doab
(Expert) 16 February 2015
Log onto the website or agreement and study the clauses on transfer in such case........
Obtain the requisite certificate as described in policy e.g. Legal heir certificate/Succession Certificate......
The succession certificate shall be useful for all purposes.
Dr J C Vashista
(Expert) 17 February 2015
What are the covenants of the agreement in such a situation? If nothing is endorsed there and the mother has not nominated "any" one, then you will have to apply and seek succession from the competent court.
Contact, engage and consult a local lawyer for proper opinion, guidance and proceeding in a professional manner.
Hemant Agarwal
(Expert) 17 February 2015
1. The builder has no legal jurisdiction to "refuse" delivery of Flat to the First Owner in the Flat-Purchase agreement, irrespective of the fact that the Second Co-Owner has expired.
2. At the most the First Owner, may submit an "indemnity bond" to the builder, on the issue and the builder has to handover the Flat to the First Owner.
3. File a complaint before the local Consumer Court, against the builder, for builders negligence and claim damages and compensation.
4. AFTER the flat possession has been delivered to the First Owner, the legal heirs of the Second Co-owner may be bought on record, BUT definitely not before that, for legal conveniences.
Keep Smiling .... Hemant Agarwal
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T. Kalaiselvan, Advocate
(Expert) 18 February 2015
Since the property has been purchased in the joint names, upon of the owners death, demand for succession certificate by the builder is in accordance with the law meant for it, there is nothing wrong in it, however since he has sought legal opinion , you may wait for it and then initiate further action (legal also) after knowing their opinion to hand over the flat.
Biswanath Roy
(Expert) 20 February 2015
There is no lawful cause that can be a bar to give possession of the flat to the recorded First Owner maximum the Builder can take indemnity from the first owner indemnifying liabilities of any future dispute relating to inheritance of the deceased mother's share in the flat.
