Legal Question in Real Estate Law in India

Case

I am purchasing a flat of which owner has expired without creating a succession will. His legal heirs (sons & daughter) have made the following documents for transferring the said flat on their name.

� According to bye laws no 35 of the co �op society Act all the legal heirs have jointly made the Affidavit (duly notarized) and to make an application for membership to be transfer of the said shares and interest of the said deceased member. Affidavit contains the name of all the legal heirs and this has been identified by Advocate. It has been sign by all the legal heirs and certified by advocate

� They have also put the public notice in two news papers (one in English & one in Regional) saying that owner of the flat has died without making any nomination and if there is any claims/ objections to be address to society with in fifteen days.

� There is also an indemnity bond (to be given where there is no nominations) duly notified.

� There is power of attorney given by the legal heirs to one of the heir to deal with all the matters like sale of the property etc.

� On the basis of above mention documents society has transferred the share certificate on the name of one of the legal heir (as per indemnity bond and power of attorney).

Concerns

I have discuss this case with your executive and she has asked for the following documents

1. Legal Heir Certificate

2. Relinquish deed

3. Ration card � Will be provided

Legal Heir Certificate � I have consulted with our own legal department and also with couple of lawyers, according to them it is not necessary to obtain Legal Heir Certificate when the above documents are in place and also Society has transfer the share certificate on the name of legal heir. It is also very difficult and time consuming affair to obtain Legal Heir Certificate. If still there is your concern that somebody will enforce the right on property, I am agreeing to take the undertaking for that concern.

Relinquish deed � When there is power of attorney in place for dealing with the property why there is need for the Relinquish deed.

1 Answer from Attorneys

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