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William (self emp)     29 November 2011

What must a nominee do to sell a flat after owner's death?

My uncle has expired, leaving me as the nominee. He was single and has no legal heir. The flat is in a building under a coop hsg society. I want to sell the flat. I have the original agreement and the share certificate that stands in my uncle's name. What is the procedure? 

My uncle is no more. So a dead person cannot sell his property. How do I show the buyer that I have the right to sell the flat?

Will I have to transfer the share certiicate in my name?

Do I have to make any ammendments in the existing agreement (that stands in my uncle's name) and include my name as the owner? I don't know if this is possible.

What requests must I make to the coop housing society?

What are the documents that the buyer will ask for?

Thanks in advance.



Learning

 1 Replies

Adv. Amar Dalvi (Lawyer & Legal Consultant (9920203682))     30 November 2011

If nomination is propertly made you can get membership in lieu of subject flat to your own name after completing standard procedure which includes proper application, undertking / declaration & Indemnity from you to society etc.

Kindly note, as a nominee you are just trustee of subject property till property is legally distributed among the legal heirs of the deacesed, and it is the right of honurable courts to decide whether there is any other legal heir than you or not, so it is still strongly adviced to get succession certificate / legal heirship certificate in respect of subject property to establish your proper title on property and also to properly transfer / sell subject property to prospective purchasers.


 


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