Transferring property after parents death

RAHUL CHAVAN (Querist) 02 December 2014 This query is : Resolved
In case of death of both the parents, how their children can become owner of the flat.
Lets say registered property agreement is their on parents name and in the share certificate as well parents name is mentioned.
No nominations are provided to society. In this case how can his 2 children can become owner and sale this flat.

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Guest (Expert) 02 December 2014
Legal Heirship Certificate From Thasildar Or Succession Certificate From Court to be obtained by the Children of Deceased Parents.Basing On which Relevant Changes to be made and the Legal Heirs would become absolute Owners and then they Could Proceed.

Sailesh Kumar Shah (Expert) 02 December 2014
rightly advised by learned expert Sh. N.J.S.Rajkumar alias narasimha

Devajyoti Barman (Expert) 05 December 2014
yes, I agree too.

ajay sethi (Expert) 05 December 2014
1) 2 children have to make application to society for transfer of flat in their name 2) . in absence of nomination forms society may transfer flat subject to indemnity bond being furnished by the 2 legal heirs .
3) The heir has to give an undertaking on Rs100 Non-Judicial Stamp Paper, in Appendix-4. [under the bye-law no. 17(b) and 19(A)(iv) ]
(4) CHS will display the notice in Appendix-16 in its notice board, send a copy to every member of the Society and will publish it in two local news papers having wide publicity, one in local language and one in English.
5) Any claim from the public has to come within a period of 15 days from the date of publication of the notice. [ under Bye-law no.35 ]

ajay sethi (Expert) 05 December 2014
society will insist on succession certificate only if there is dispute among legal heirs

Rajendra K Goyal (Expert) 05 December 2014
Agree with the expert ajay sethi ji.

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