Hi
I need guidance on the following issues:
My husband was staying with his maternal aunt since birth. His aunt has 6 children and all are now abroad. He is the only one here in India and he looked after his aunt till she died last year. His aunt had earlier put her elder daughters name in the share certificate. However, around a year back before she died, she wrote a will and put all the children including my husband as legal heirs to the flat. One of the sons has now come to India to transfer the property in our names. They have prepared Appendix 18 (Under the Bye- law no.34) which is an application for membership by the heir of the deceased member of the society and it mentins all the 7 siblings name including my husband. Then there is Appendix 17 under the bye-law 35 which is written to the secretary of the society which again has all the 7 sibling names including my husband. Then there is Form no.4 which is as per bye laws 19, form no.26 under bye law nos.19 vii, 20 iv and 40 (d)(ix) and finally there is affidavit which is written by the eldest daughter who also was the one nominated in the share certifcate. This affidavit contains her consent to transfer this property equally amongst all the siblings.
I wish to know is this sufficient for transfering the property in all the 7 heirs including my husband. Is there any other form required? One of the lawyers mentioned to me about form 14 and 16? what is this form for? Since my husband is not a blood relation we want to protect his share. One of our lawyer friend says this form 14 and 16 is also necessary.
In case any of the heirs have an untimely death, will their share be given to their spouses or their living children? Will the above documents mentioned in the first paragraph sufficient to take care of the issues arising later.
Regds.,
Lin
Please guide?
