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Ramesh Shah (Service)     26 December 2018

Removal of deceased first owner

My sister passed away on 15th Jan 2015. The ownership of the flat is co-owned with my sister as first owner jointly with me as second owner . Now, I want to get the Flat transferred in my name by deleting her name form the Share Certificate. Both my parents have expired few years back. I have a Brother and a Sister. Kindly advice what is the procedure and the documents required to be given to the CHS for getting the Flat transferred in my name as a single Owner.



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 3 Replies

Shashi Dhara   26 December 2018

If u want to delete her name Ur other brother &sister has to give no objection as per law u all three inherits her share of she died intestate.

Kumar Doab (FIN)     26 December 2018

Was any nomination registered with society?

Did the 1st owner leave any valid WILL in favor of 2nd owner?

Which personal law applies in your case? Are you all Hindu?

The payout from sister was her self earned/acquired income or from the side of her husband or parents?

Was your sister (1st owner) married? Is her husband, sons, daughters alive?

Are legal heirs of your sister willing to relinquish their share in your favor?

The society is in which state?

Have you submitted information of death with death certificate to CHS?

Has society indicated who appears to be the heir/legal representative of deceased as per documents submitted to society?

The society (CHS) office must have updated you on requisite docs and cited provisions of Society Bye laws, adopted in line with Model Bye laws, Rules as in State, Co-Op Act as in state?

What are these?

Confirm!

Ramesh Shah (Service)     27 December 2018

-removal-of-deceased-first-owner-s-name

Was any nomination registered with society?

NO.

Did the 1st owner leave any valid WILL in favor of 2nd owner?

NO.

Which personal law applies in your case? Are you all Hindu?

WE ARE GUJARATI, HENCE HINDU LAW  WILL APPLY.

The payout from sister was her self earned/acquired income or from the side of her husband or parents?

THE PAYMENT WAS MADE FROM MY BANK ACCOUNT.

Was your sister (1st owner) married? Is her husband, sons, daughters alive?

SHE WAS MY ELDER SISTER AND UNMARRIED. THE FLAT WAS PURCHASED IN MY SISTER’S NAME AS 1ST OWNER  AND I AM THE 2ND  OWNER.

Are legal heirs of your sister willing to relinquish their share in your favor?

ONE MARRIED BROTHER AND MARRIED SISTER HAVE GIVEN NOC AND THE SAME IS SUBMITTED TO THE SOCIETY.

The society is in which state?

MUMBAI, MAHARASHTRA.

Have you submitted information of death with death certificate to CHS?

YES.

Has society indicated who appears to be the heir/legal representative of deceased as per documents submitted to society?

SOCIETY INFORMED ME THAT THEY WILL DELETE MY SISTER’S NAME AFTER TAKING LEGAL OPINION.

The society (CHS) office must have updated you on requisite docs and cited provisions of Society Bye laws, adopted in line with Model Bye laws, Rules as in State, Co-Op Act as in state?

NO. THEY WILL DO THE NEEDFUL AFTER FAVOURABLE LEGAL OPINION IS OBTAINED.

What are these?

NILL.


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