Priyanka M. Solanki.
( Author )
24 April 2008
There are 2 Holders (Husband & Wife resp.) to a Flat in a Co-op Hsg. Soc.(situated in Mumbai) First Holder has died.
1]What is the Procedure for Deletion of 1st Holder's Name from the Ownership of Flat ?
2]Further, 2 unmarried daughter's names need to be added as 2nd & 3rd Holders resp.
what will be the Documentaion,etc need to be complied with ?
3]Any Deed / NOC need to be submitted ?
4]Any Notary,etc need to be done ?
5]Can the Flat be sold without such Deletion of 1st Name ?
6]Does the 2nd Holder is deemed to enjoy 100% Ownership on 1st Members's Death ?
Awaiting urgent reply.
( Expert )
24 April 2008
AS THERE ARE TWO OWNERS AND ONE OF THEM DIED UNFORTUNATELY,THE SURVIVING OWNER NO DOUBT BECOMES OWNER THE PROPERTY.
BUT THE PROPERTY LEGALLY HAS TO BE MUTATED OR TRANSFERRED IN THE NAME OF OTHER OWNER IN THE MUNCIPAL/VILLAGE RECORDS, BY PRODUCING THE DEATH CERTIFICATE AND ORIGINAL SALE DEED AND AN APPLICATION FOR DELETING THE NAME OF THE DECEASED .
THE SAME PROCEDURE YOU HAVE TO FOLLOW FOR ENTRIES IN THE HOUSING SOCIETY RECORDS ALSO.
YOU CANNOT SELL THE PROPERTY WITHOUT DELETING NAME OF THE OTHER OWNER WHO DIED,AS NO SALE/TRANSFER CAN TAKE PLACE WITHOUT SIGNATURES/THUMB IMPRESSIONS/PHOTOS OF ALL SELLERS AS PER REQUIREMENTS OF SUB-REGISTRAR'S OFFICE WHO TRANSFER PROPERTIES.
IF THERE IS ONLY ONE OWNER TO PROPERTY AND HE/SHE DIED FOLLOWING IS THE PROCEDURE AS PER TRANSFER OF PROPERTY ACT.
all the legal heirs of the deceased become the beneficiaries of the left over assets and properties in equal shares and the application for transfer from all the legal heirs along with an indemnity bond, liability affidavit from the beneficiaries and their photographs shall be submitted to the revenue authorities for effecting the transfer. In this case issuance of a public notice inviting objections, if any, to the transfer of the assets in favour of the transferees in the two local dailies, one in English and other in regional language, becomes imminent. After the expiry of notice period of 40 days from the date of its publication, the applicant again applies to the revenue authorities along with the proof of the publication for the transfer of the property. The concerned department issues a final letter of transfer in favour of the beneficiaries, in case no objection is filed by any claimant.