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What happens to the flat if husband dies without any nomination done .


20-Feb-2023 (In Family Law)
The husband died without making nomination for his flat. Also, during his lifetime he did not change the name to his name in the share certificate from the previous owner. Now wife and children are left. Wife wants the society to make her as the nominee for the flat. She has submitted the death certificate of husband with flat agreement copy and and a notarized affidavit and a noc certificate from her children . Now what should the society do. What more documents are needed.Please answer.Regards Regards
Answers (3)

Answer #1
936 votes
Dear queriest, as per your query you have mentioned that your husband died interstate and has left one flat behind, in such case you have to file for succession certificate obtain same from the Honble court regarding properties left behind by your husband then only you will legally entitled to claim the property, for more information about the same kindly contact me.
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Answer #2
994 votes
usually in such cases, a letter of administration ( succession certificate) is required to be given. if society doesn't insist on the same, u can submit the transfer documents alongwith your husband death certificate. now u can't become nominee. u can ask for transfer on the basis of legal heirship.
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Answer #3
938 votes
ok
u can file restitution or Divorce petition
The restitution of conjugal rights is one of the reliefs that are provided to the spouses in distress in the institution of marriage by law. Decree of restitution of conjugal rights could be passed in case of valid marriages only.
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