SHARAD CHANDRA DANEJ (Asstt. Manager) 24 October 2016

Joint property

A flat in Mumbai CHS is in joint name of Wife (1st Owner) and husband (2nd owner). 2nd owner husband expired few years back. The name of 2nd owner i.e. the husband's name has not yet been deleted in share certificate. Can the society delete the name of 2nd owner i.e. the husband if the wife 1st owner just submits the death certificate of the husband 2nd owner. Or the society has to ask for release deed from the legal heirs in favour the 1st owner the wife. If I purchase the said flat what precaution I will have to take. Please guide me properly and quickly.

Thanking you.

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4 Replies

adv.bharat @ PUNE (Lawyer) 24 October 2016

As per nomination give at time of society registration the names were amended by the society.

I st owner need to submit death certificate along with NOC for transfer of flat.

Ist owner need to give public notice through advocate and get NOC after 15 days of publication if no objection received for such transfer.

As purchaser u need to cheque all above details procedure to be followed or not by the seller.

If u like my solution then will u give THANKS on my LCI profile.?

SHARAD CHANDRA DANEJ (Asstt. Manager) 30 October 2016

No nominations given by any of the joint holder of the said property. In that case, what should a society do. Should society get a release deed from the legal heirs of deceased husband and also get a NOC through publication.

SHARAD CHANDRA DANEJ (Asstt. Manager) 03 November 2016

My point is : If I purchase the flat who would sign the sale deed. The wife and the legal heirs of the husband who was the 2nd joint owner. And to ascertain who are the legal heirs I think a succession certificate is needed. Am I right?

SHARAD CHANDRA DANEJ (Asstt. Manager) 06 November 2016

If I purchase the flat who would sign the sale deed. The wife and the legal heirs of the husband who was the 2nd joint owner. And to ascertain who are the legal heirs I think a succession certificate is needed. Am I right?

In this connection all the legal heirs of the deceased (2nd joint owner) have given an affidavit on Rs. 100/- which states as follows:-

That we have no objection in handing over the amounts in various bank accounts, investments and property held by the deceased to Smt ABC, (wife of the deceased)

Now please guide me if this affidavit gives all right to Smt ABC to sign the sale deed.