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Kaushik   13 November 2018

Demise of a co-owner

Dear Experts,

If the Co-Owner of a Jointly Owned Flat in Maharashtra Passes away after Executing a Duly Registered Will in Favour of his/her Co-Owner, then Will the Index II as well as the Share Certificates of the Society both Reflect only the Name of the surviving sole Co-Owner thereafter on Submission of requisite Documents to the Corporation  & Society concerned respectively or will the Names of both Co-owners still be Cited on the Index II as well as Share Certificates even after the Demise of the Co-Owner?

Thanks,

Kaushik.



Learning

 2 Replies

Suri.Sravan Kumar (senior)     14 November 2018

based on the Will  the surviving co-owner has to apply for transfer on his/her name. According to my opinion If the transfer forms or application  form has column about the names of both co-owners then the certificate will be issued accordingly

P. Venu (Advocate)     14 November 2018

Since the property is situated within the City of Mumbai, it could be that the Will requires to be probated. Please vrify.


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