Legal Question in Real Estate Law in India

My husband died without nomination for a house in co oprative society . He has taken housing loan from a bank which is paid after his death by me as a heir & the loan was cleared through L.I.C. policies which are given as a security for loan. For L.I.C. policies my nomination was there . I have submitted indemnity bond &* affidavate to nominate me & my daughters as per section 35 maharashtra co op society bylaws 1961 . But society demanded court succession certificate from me. My question is that besides above documents is there need of court succession certificate demand.


Asked on 7/29/11, 7:12 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The society is not wrong in demanding succession certificate. You should apply to the concerned court for appropriate relief.

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Answered on 7/29/11, 9:24 pm
Shrichand Nahar S.V.Nahar, Advocate

In the absence of nomination, society would ask for succession certificate for transmission of membership and shares in the name of heirs of deceased member.

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Answered on 8/01/11, 2:17 am


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