Legal Question in Real Estate Law in India

I am purchasing a flat and the shares in the Society in mumbai jointly owned by husband and wife. The wife has expired without a will leaving behind her husband, elder son and daughter as her legal heirs.
Presently, the Shares of the Society stands in the names of the Husband and his deceased wife with their son's name as the nominee.
The elder son is an NRI and presently in the USA. However, he has given a general PoA to his father to deal on all matters on his behalf.
My question is whether a Joint Affidavit can be made by the Son and Daughter giving their consent and No objection to transmission of shares in the sole name of their father and if the same can be signed by the daughter and father (on behalf of his son) as a PoA holder and submitted to the society?

Asked on 5/31/10, 6:57 am

Shrichand Nahar S.V.Nahar, Advocate

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Transfer/Transmission of share can not be regarded as end of matter.

Whatever share wife had in the property devolved upon her legal heirs and all the legal heirs should be party to the transfer or sale proposed now.

Answered on 6/05/10, 11:08 pm

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