• Deletion of name of a joint owner in CHS in Mumbai

1. The property is located in Navi Mumbai.
2. The flat is in joint name with my wife.
3. My wife expired in 2015. The death certificate is available with me.
4. I have only one son, who is studying in Europe and not available till January 2019.

Now I want to sell the flat.

How to proceed in the above.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

On wife demise her share would devolve on you and your son

2) apply to society for transfer of flat in name of legal heirs

3) your son can execute relinquishment deed or gift deed to relinquish or transfer his share in your name

4) you can then sell your flat

5) obtain NOC from society for sale of flat

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Since your wife is dead you can sell the property it's better to take your son signature on sale deed so that to avoid complications in future since she's dead you and your son become owner of property. Get the property mutated in ur name by submitting death certificates to concerned sub registrar office. Since after demise of your wife your son will be entitled to her property he can execute relinquishment deed in your favour so that you can become absolute owner and sell property in his absence

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. Typically it is better that Flat Sale Transaction is done when Son is available for signing the Sale Deed, wherein he should sign as the "confirming party".

2. HOWEVER, you can ask the Son to execute a Power of Attorney (POA) before the local consulate (not notary), paid stamp duty (500) and Register the POA in Navi Mumbai before the Registrar of Sub-Assurances.

3. Using the POA, you will be able to execute the Sale Deed, by your own signature and signing on behalf of the POA giver (son)

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Your son can send POA Power of attorney.

POA sent to India from abroad regarding property matters must be signed and attested at the Indian Consulate. Once the Indian Consulate attests the POA it should be acceptable by registrars in India.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi

In the event of your flat being under a Society, and assuming your wife has not made any nomination to the society with reference to transmission of her share of ownership , then you should do the following

a) Since the flat is jointly owned by you and your wife, subsequent to the demise of your wife, her share will devolve in equal shares with your son and yourself.

b) Your son can execute a power of attorney in your favour by executing a power of attorney in the nearest Indian embassy

c) Upon receipt of the power of attorney , you as a power of attorney holder should get the power of attorney registered with the sub-registrar and also make an application for membership on behalf of your son for inclusion as a joint owner of the flat by paying Rs100 Entrance Fee

d) You should then execute the undertaking and indemnity (as power of attorney holder of your son) as per bye laws of your society

( Appendix 4, 17, 19, are in general common to all societies as all societies in Mumbai have same bye laws and these are pre- printed formats)

e) Enclose the Attested Xerox copy of the Death Certificate of the deceased member and Xerox copy of the Share Certificate of the deceased member, with undertaking on the Xerox copy, that original share certificate will be produced by the member, as and when asked by the Secretary for making the name change by the Society

(f) CHS will display the notice in its notice board, send a copy to every member of the Society and will publish it in two local news papers having wide publicity, one in local language and one in English.

(g) Any claim from the public has to come within a period of 15 days from the date of publication of the notice. [ under Bye-law no.35 ]

(h) Once there is no objection from the society, you can sell the flat and society will also transfer the share of yourself and your son to the buyer.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Sir the consent of the son is required as on demise of the mother he is owner of the 25 percent of the flat and if son is not available he can give you a power of attorney to transfer the share certificate in his name and further sell the flat and collect proceeds on his behalf,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have to first the special power of attorney from your son mentioning absolute selling rights of his share on the property. And then you can sell it.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1) You have to remove your wife's name from yet and mentioned that 50% share was with your wife and 50% share with you.

2) In wife's share now legal heirs will get registered means husband and children

3) As you mentioned that you have single son and that also he is in Europe, so you can ask POA signed by Indian consulate and can sell the flat or take relinquish deed signed by him n your name whenever he comes in India and get transfer property on your name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. You will need NOC of the son since he is next legal heir of the mother;

2. You cannot sell without the NOC:

3. The buyer will not have a perfect title to the same;

4. Also obtain a succession certificate from the district court;

5. Consult a local lawyer and then he/she will explain the intricacies of transfer of property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. your wife was 50% co-owner of flat

2. on her demise her share will devolve on her widower and children

3. so her share goes to you and your son in equal proportions

4. you do not automatically become full owner of flat on your wife demise

5. the buyer will insist on a letters of administration from court

6. any legal heir will have to file a petition for grant of letters of administration in the High Court

7. court will appoint an administrator who will then transfer the share of the wife in the flat to her legal heirs

8. the administrator can transfer the wife's share to your name by a transfer deed in which your son will be the confirming party

9. if the buyer is ok, you can directly sell the flat to buyer with your son being the confirming party

10. you can issue public notice in newspapers informing about the intended sale and any objections which members of public may have against the proposed sale

11. but above mode is possible only if buyer is self funded

12. if buyer has applied for bank loan then you will have to go to court route as mentioned above

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

He can execute POA in your favor to act on his behalf if he is major.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since the property is jointly owned by you and yor wife, you may have to obtain a GPA from your son in your favor to sell the property on his behalf also since he is one of the legal heirs of your deceased wife.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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