• Deletion of wife's name - Under construction apartment

We had booked an apartment on joint name (Myself and my wife's name) in 2008 in Noida; My wife passed away few months before, however this apartment is still under construction. Builder is demanding legal heir certificate from SDM to delete her name and add names of my kids (both Minor).

What does law says in this regard? 
Legal heir certificate is valid for property just 5000.!! As per sample, I saw from one of the patbari's
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) you need to obtain letters of administration from court as your wife dies intestate

2) enclose wife death certificate and name of the legal heirs

3) it should not take more than 6 months

4) then apply to builder to add children name

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. On death of your wife her half sahre devolves upon her legal heirs which include her husband and children.

2. So the builder is right in asking for heirship certificate.

3. Such heirship certificate is issued by local tehsilder/collector.

4. However you can apply for succession certificate also from the court of district judge.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. The builder can change the name on receipt of her death certificate.

2. However, the builder is playing very safe in asking the legal heirs certificate.

3. Legal heir certificate can be had from the Councilor of the local Municipal Corporation also which is legally valid.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Even though it is a sale agreement, since the joint buyer to this agreement is no more living, the builder is concerned about the claim that can be made by the leg heirs of the decesed.

You may obtain a legal heirship certificate from the local revenue department or from the jurisdictional Tehsildar.

The demand by the builder is justified and legal

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer