LawRato

Property name transfer after death


06-Jun-2023 (In Property Law)
After the death of my husband, I (wife) am the surviving class 1 heir nominee, the property is not ancestral it is self acquired. Now my question is that is is compulsory for me to register my name in index copy in registrar office or Registering in society office and having a change of name in share certificate will do ? If I want to sale the property then will there be any problem if my name is not there in index copy but only in society share certificate ? The property is situated in Thane, Mumbai
Answers (3)

Answer #1
673 votes
yes there will be a problem if u want to sell, transfer your property in future if your name is not in the index copy and also you can get rid of all the problem by only getting a heirship certificate from the court within 6 months and that society shall comply with all thing and also index copy name
Helpful? LawRato LawRato
Answer #2
680 votes
If the agreement bears your name then you as the wife may sell the house. To answer your question you should know that to sell the flat you will need to make an entry of your name in the index 2 and also the share certificate of the society unless that happens nothing can proceed
Helpful? LawRato LawRato
Answer #3
623 votes
You will have to get letters of administration obtained from High Court. The shares will be transmitted in your name in the society records. Only when you obtain letters of administration will there by a proper and thorough transfer of title. Otherwise, it will be defective.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

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."