Sangay (Proprietor) 11 October 2012

Query regarding succession law

Sir/Madam,

My Brother, a Govt. Employee passed away recently. He had taken a Flat on loan few years back for which he was regularly paying installments. He didn't prepare any WILL. We want to transfer that Flat in the name of our Sister-in-law and then she would be responsible to pay the installments regularly in future. Will she need to obtain Succession Certificate from District Court, even though she was mentioned as nominee in Bank Records ? Second Question: would she need to pay the fees and stamp duty for full valuation of the flat, even though it was purchased on a long term Bank Loan, and only partial installments have been made ?

Please advice.

Regards,

Reply Follow

2 Replies

Advocate Rohit (Advocate) 13 October 2012

has your brother filled a nomination form in the society??? thereby, nominating his wife as a nominee of the flat????, if no, then you would be required to go for legal heirship certificate for the immovbale property.

once, you get the legal heirship certificate, then you need to aply for transfer of the property in your sister-in-law name. she just need to file an application to the society alongwith with the copy of the legal heirship certificate and her name will come on the property. similarly, she needs to give letter and the legal heirship certificate to the bank and her name will come as a borrower in the bank record and then she would be liable to pay the EMI of the loan.

Reards,

Advocate Rohit Dalmia

9324538481

Mumbai