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
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.
Transfer of society share certificate in case of death
supreme court judgement on transfer of flat to nominee
Latest Supreme Court judgement on Cooperative Housing Society
Supreme Court judgement on nominee in bank account
Supreme Court recent decisions on nominee in service records book
nominee of deceased member is absolutely entitled for the ownership by transfer in co-op society
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.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."