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Transfer of house in a co op society.

(Querist) 29 August 2016 This query is : Resolved 
My father owned a flat in a housing society.He passed away in October 2014 leaving no valid will or nomination registered with the society for the said flat.There are 4 legal heirs who are alive and 2 children of the 5th legal heir who is deceased.What documents does the society require to transfer the flat to the legal heirs.Will the name of all the heirs appear on the share certificate.
The society bldg is under redevelopment and will be ready by July 2017 and the sale of the flat will take place thereafter.The legal heirs have agreed for equal share in the property.They propose to put the sharing agreement on record Does this mutual agreement need to be registered or notorising the same would be sufficient.
Kumar Doab (Expert) 29 August 2016
It is believed that you are Hindu.


ClassI legal heirs of Hindu male are: Mother, wife, sons, daughters and equal share shall devolve upon them.


The share of deceased 5th legal heir shall devolve upon his/her legal heirs.


The death certificate, legal heir certificate is the requirement.



Even if the legal heirs do not sign any agreement the equal share shall devolve upon all legal heirs.


Rest inquire from society about prescribed forms/formats as per bye laws of society framed in accordance with Model Bye Laws.

Raj Kumar Makkad (Expert) 29 August 2016
I do endorse the advice of Doab.
Rajendra K Goyal (Expert) 30 August 2016
Agree with the expert Kumar Doab.


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