Is Affidavit along with obituary enough to sell property?
Neha
(Querist) 16 January 2018
This query is : Resolved
My husband is the associate member in a flat.The main owner is no more.Since she stayed in America we are not able to get her death certificate.We have obituary proof of her death, so is Affidavit along with obituary enough for selling the property? We also have general power of attorney to sell the property,but is that valid now since she is no more alive?
Vijay Raj Mahajan
(Expert) 16 January 2018
First of all the general power of attorney comes to an end on the death of the Principal and it has become null and void for all purpose after the death of the person who gave you that.
Secondly the person who was co-owner of the flat his name to be removed will require his death certificate from the municipality not the obituary which can be got published by individual not government authority. The identification of the person through valid documents, his death certificate and the legal heir certificate or probated Will or any such document where he nominated someone else to be taking the ownership of his share in the property after his death, made with regard to the share of the property in question all will be required for getting his name removed and name of his legal heir or beneficiary or nominee replaced in the flat ownership documents.
The selling of the property too will require these documents to verify and clarify the deal of the property done lawfully.
Sri Vijayan.A
(Expert) 16 January 2018
Only legal heirs of owner shall be entitled to own and enjoy the property.
What is meant by Associate Member in a Flat?
Pl tell the matter in detail.
Kumar Doab
(Expert) 16 January 2018
The obituary may not be at all sufficient.
PoA may be dead with death of principle, as rightly considered by you.
Get in touch with legal heirs of deceased and request to provide with certified copy of death certificate.
Kumar Doab
(Expert) 16 January 2018
The process/forms/requisite docs can be inquired from the O/o Authority under whose jurisdiction property falls say; Society or MC..........
If you are unable to handle and resolve the matter on your own approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having a successful track record.......
The said Flat is at which location/city/state?
