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Saleem (management consultant)     20 October 2015

Chs flat's transmission in mumbai

My sister died some 20 years ago; left no nomination or will. She had two brothers; the elder brother also died later. He had a wife and a daughter who are his legal heirs and whose whereabouts are not known. I, surviving brother, continue to live in the CHS flat owned by sister. The society wants me to get court’s succession certificate. This will cost lot of money as court fee. My request to society is to insert public notice in newspapers to begin with (which, to begin with, is in line with the court’s procedure in any case).  If no legal heirs respond to such notices, society should transfer the flat to me. I have already submitted the required indemnity bond. If the society wants me to follow the succession route, what remedies (legal or others) are available to me?   



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 2 Replies

advocatepassy@gmail.com 971794 (Advocate)     20 October 2015

Society is right you need succession certificate. After all you are getting property free of cost without any consideration.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     21 October 2015

Yes, it is imperative for you to get a succession certificat, especially in view of the fact that there can be other claimants too, i.e. legal heirs of your brother .   This is all the more crucial when you even do not know their  whereabouts.


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