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Mihir..... (Wealth Manager)     01 November 2012

Society not transfering

A father died intestate but left a nomination in favour of one of his son. there are actually two sons. The nominee would like to share the flat 50:50 with his brother. They prepared a affidavit-cum-declaration saying that they are the only legal heirs and wish to be the owners of the flat equally. They even published a public notice in two local newspaper via a advocate and obtained a no claim/objection certificate from the advocate.

Even  after this the society is demanding succession certificate. Is this justified? There are only two legal heirs who will be sharing the flat equally, There is no dispute. And yet why is there a need of a succession certificate?

 

Thanks



Learning

 1 Replies

Nitish Banka (lawyer)     01 November 2012

You have to see society bye laws for this..If bye laws have a provision regarding succession certificate then you have submit that..otherwise you can approach appropriate forums


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