A&B purchase a flat from builder in joint jame. A&B are married couple they have 3 sons.A dies without making will or nomination . as B is co owner of flat and wife of A can society transfer flat in name of B directally.society is demanding succesion certificate from B to transfer the flat without going to procees under bye law no.35 ,is it legal.kindly suggest the chipest way for transfer.Is letter of Administration can help.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 01 April 2012
1. IF "A" has died intestate (without making a Will) and has further not filed in the CHS Nomination Form, THEN "B" & the 3 childrens have to file a petition to the Testamentary dept., of the Mumbai High Court, for grant of "Letter of Administration".
2. Lawfully, the CHS cannot delete the name of "A" and replace it with "B" using its own powers. Only after getting appropriate "Letter of Administration" plus transfer forms plus entrance & transfer fees, the CHS may replace the name of "A" with the person/s who have been granted the letter of administration.
Keep Smiling .... Hemant Agarwal
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