Transfer Of Flat (Deceased Member)
Bipin
(Querist) 01 April 2009
This query is : Resolved
In our society one flat is owned by Two real brothers Mr A & Mr B jointly. Mr A expired without WILL or NOMINATION. Wife & adult married daughter are only two legal heir of Mr A. Mr A's wife applied for transfer of Mr A's share in her name by submitting Indemnity Bond, Death Certificate & No objection from married daughter, but Society or Mr A's wife doesnot have record such as Sale Agreement(Purchase Agreement) of the said flat. Society & Mr A's wife have only Share certificate indicating Mr A & Mr B as joint member for the said flat. Mr B also does not have Sale Agreement (Purchase Agreement)with him for the said flat. Mr B is objecting for the Transfer of Mr A's wife claim. Please guide me in detail in this matter how society can transfer the said claim to Mr A's wife name.
adv. rajeev ( rajoo )
(Expert) 03 April 2009
Mr. A's wife can file a suit for partition if there is any document to show his husband is joint owner along with B. There must be an allotment letter issued by the society to Mr A & B.
Hiralal Das
(Expert) 03 April 2009
I agree with my Ld. Friends.
Kiran Kumar
(Expert) 06 April 2009
yes in such a suit B can be compelled to place on record the allotment letter or the purchase agreement which is in his custody.
if he is unable then other official records may be called for enquiry of the court.
