Right of the joint owner of a chs flat
seniorcitizen
(Querist) 11 January 2015
This query is : Resolved
Sir/Madam,
My sister is a senior citizen. My sister & brother-in-law own a CHS flat, they have no issues. My sister's name appears first on the share certificate of the CHS as well as on the registered agreement, my brother-in-law's name appears second on the share certificate of the CHS as well as on the registered agreement
My sister has appointed a nominee for the flat.
My brother-in-law demised last year. What is the legal position of my sister? Does she become absolute owner of the CHS flat as her name appears first? Should she apply for Letters of Administration or Succession Certificate?
What happens if my sister demises before receiving either Letters of Administration or Succession Certificate?
Thank you all,
Senior Citizen
Guest
(Expert) 11 January 2015
Dear author,Since your husband had expired and they have no Issues obviously No Other Legal Heirs and your Sister would become the Absolute Owner of the Property by submitting Required Documents to the Society like Death Certificate of her husband,Required Affidavits and Succession Certificate if they insist Etc.Discuss it with Concerned Authorities.In Case of your Sister's Demise if she had Initiated any Will in Favour of Any One it has to be Probated in Court for Legal Effects and in case of No will the Close relatives of Hers would be the Legal Heirs .Also incase the Property is not transferred to her individual Name the Relatives of both husband and wife could Claim as Legal Heirs.The Will of hers is Recommended to avoid complications after Transferring it to her Single Name.Consult Your Local Good Advocate
Rajendra K Goyal
(Expert) 11 January 2015
After death of husband, his share would go to all his legal heirs. To make wife as absolute owner release deed / gift deed from all other legal heirs is required.
Guest
(Expert) 11 January 2015
Dear author,Since they do not have any Issues Presently Only his Wife Could be the Legal heir of her deceased husband Please
ajay sethi
(Expert) 11 January 2015
di your brother leave any will ? any nomination form ? your sister should apply to society for transfer of husband 50%share in flat in her name . society will do so on execution of an indemnity bond and fulfillment of formalities .
if your sister desires she can obtain succession certificate . it will take around 6 months
seniorcitizen
(Querist) 11 January 2015
Sir/s,
I write to thank you all.
One more query; Is it legally necessary to apply for a Succession Certificate or Letter of Administration?
My brother-in-law has not left a WILL, neither has he nominated anyone. As per the Maharashtra CHS regulations only the first named person has the right to nominate. My sister has already nominated.
I would repeat they do not have any issues.
Thanking you all in advance,
Senior Citizen
Guest
(Expert) 11 January 2015
Dear author,Consult your Society Chairman and Proceed Please.
malipeddi jaggarao
(Expert) 12 January 2015
There is no need to obtain succession certificate as your sister if your sister is only the surviving legal heir. Your sister has nominated somebody and that is valid. If you are the nominee, consult a local lawyer with all papers, details of possible counter claimants and get his assistance. If you are the beneficiary, you should not hesitate to spend money. These things cannot be settled online. Somebody may emerge as a claimant after the demise of your sister. To prelude that possibility, have discussion with a local lawyer.
Dr J C Vashista
(Expert) 12 January 2015
I agree with the expert Mr. Maliaddi Jjaggarao.
Your sister is absolute owner of the flat since their is no (class 1)LR of your sister/BIL.
Nomination in the society record do not change the status i.e., ownership (title in legal terminology)of the flat. The function of nominee shall start after demise of your sister, who shall be functioning as care-taker of the property till it reaches its lawful owner. Nominee do not have any right, claim, interest or title over the property in any manner whatsoever.
T. Kalaiselvan, Advocate
(Expert) 15 January 2015
As suggested by experts your sister will become the absolute owner of the property provided she fulfills other formalities in this regard namely for getting the shares transferred on he name, getting her husband's share of property mutated on her name etc. You may take the help of a local lawyer if you are struck somewhere.
