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(Guest)

Tenancy by the entirety

a flat was purchasd by A and B .A is husband and B is wife they had purchased a flat in chs mumbai.A was amember of society and B were a associate member.A is no more now. in purchase deed from builder both name A & B apears jointally .as per SECTION 44 TPA, 1882, they are co owners.they fullfill all requirment to be  Tenancy by the Entirety.as per that after a death of any one of them the property should transfer to other automatically.

but  society is not ready to transfer flat to B as a sole owner . A had not filled nomination or will.sooociety is asking to make succesion certificate.

is there is any alternative way to make B as asole owner.



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 3 Replies

JANAK RAJ VATSA (ADVOCATE)     28 November 2012

she should obtain the succession certificate thru the court and submit to the society to become a full fledged member


(Guest)

so you mean to say that tpa sec 44 is not aplicable in this case but why.please explain.

Adv k . mahesh (advocate)     13 December 2012

she has to be legally certified in the way of sucession certificate


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