Radhika 13 February 2016
My aunt (dad's sister) died intestate and my father obtained a LOA for her flat in Mumbai. She had no children.
Thereafter he sent an application to the society to transfer the flat in his name.
The society refused to transfer the flat in my fathers name.
Is that legal? Some lawyer say that the papers are in order others say LOA doesnot mean he can own the flat . What is the correct law?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 February 2016
Generally, if the head or a member of a family expires, the next legal heir of the deceased, like wife or husband, son, daughter, father/mother/brother of deceased may apply for legal heir certificate. This certificate to be submitted with the society office so that they case issue on your fathers name.
Suneet Gupta (www.vashiadvocates.com) 13 February 2016
A Letter of Administration is not a Succession Certificate. An LOA just gives the right to administer the estate and divide it amongst the heirs or testatees (heirs mentioned in the will).
If there are no other heirs other than your father, then he can file an application for a Heirship Certificate with the Local Court and get the flat transferred in her name.
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