Legal Question in Real Estate Law in India

a woman has died without any will in our housing society. The husband wants that the flat owned by her should be transferred to his name. She had two children: a daughter and a son. Both the children have given in writing that they have no objection in getting the flat transferred to their father(Husband of the deceased). An indemnity bond has also been obtained from the husband that he would face the consequences in case there is a problem later.Is it alright for the society to transfer the flat to the husband or any other legal formality has to be followed?

Asked on 7/29/12, 12:33 am

5 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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What about the mother of the deceased ? Is she alive ? Noc from children is a good evidence for the society to transfer the flat in husbands name but find out about the mother of the deceased as well.

Answered on 7/29/12, 12:38 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you may check with the society. in case they satisfied with the indemnity bond, its fine, otherwise you may have to go for a petition for succession.

Answered on 7/29/12, 2:49 am

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Stalin Selvamani S & P Law Associates

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It is advisable to get a registered document transferring the respective shares of the son and daughter infavour of the father to avoid any future complications.

Answered on 7/30/12, 12:23 am

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Vivek Mapara Vivek N. Mapara

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As a general rule of Succession, after death of inteasted, property devolves upon all his legal heirs. However, upon no-objection from other co-heirs property can be entered in the name of only one heir.

Remember, your only a Society, and your function is to merely enter the name of heirs as member in society register. For that purpose, you dont need any deed, just take a notarized affidavit from the son and daughter, and enter name of husband in register of society. That will be sufficient for your job.

Answered on 7/31/12, 12:54 pm

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