• Co-ownership

I am the co owner of a flat in Kamothe Navi Mumbai along with my husband. My husband passed away in 2016. I want to sell the flat what is the process for transmission and is there any paperwork to be done by Cidco
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

You can provide all details to me, I am aware of all details area Mumbai, navi mumbai, Penval and Pune area.

 

You have to register your name 100% sharing ratio on the flat and children name.

50% will be yours and remaining 50% you and your children.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Kindly provide property details address and date of purchase.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) did your husband leave any nomination form 

 

2) you can apply to society for transmission of share in your name and that of your children 

 

3) execute indemnity bond in favour of society 

 

4) if society refuses you need to apply for letters of administration from district court 

Ajay Sethi
Advocate, Mumbai
99947 Answers
8158 Consultations

Dear Client,

The share of your husband will go to you and his children. If he has no children, then on the basis of his death certificate you may get transferred the share of your husband. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

See if the mother of husband is alive and if you have any children then they along you are legal heirs in his share so for same the name of all legal heirs need to be mutated in record and then all have to sign sale deed to transfer the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can engage an Advocate from your area to complete the mutation procedure and to draft and register the sale deed. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If your husband left any will you can apply in the court for issuing Probate certificate and if he died without left any Will you and your children are the owner of his share of the property which is in his name & in this case you have to apply before the court for " Letter of Administration".

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

You can transfer the flat in your name by filing death certificate and do mutation. Later you can sell the flat. 

Prashant Nayak
Advocate, Mumbai
34636 Answers
249 Consultations

-  As per law, if one of the co-owner dies, then the other owner or beneficiaries will take over control of the deceased owners property .

- Further, a co-owner is entitled to three basic elements of ownership—right to possession, right to use and right to dispose of the property.

- Hence, being the wife of deceased owner , his interest will passess to you.

- Now after the death of your husband , you should apply with proper doucments including death certificate , for transfering the deceased share in your name 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

You need to get legal heir certificate from the tehsil where your husband was residing before his death.

After that you need consent of all the legal heirs living other than you for selling the flat.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Who has succeeded your husband ? Have any child and what about his mother ? is she alive. IF none than you are absolute owner, apply for legal Heir certificate , on the basis of it, property will trasfer in your name.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Since the property was jointly owned by both you and your deceased husband, his share in the property shall devolve equally on all his legal heirs 

You being a legal heir, you may obtain either a registered release deed in your favor from the other legal heirs or obtain a POA deed in your favor to sell the property on their behalf too and then proceed with the selling of the property by obtaining NOC from CIDCO, as may be required.

T Kalaiselvan
Advocate, Vellore
90148 Answers
2504 Consultations

You can look for an advocate of this forum too who may be of any help to you.

 

T Kalaiselvan
Advocate, Vellore
90148 Answers
2504 Consultations

This is my response to you:

1. Obtain letters of administration;

2. This will make sure all the title is transferred in your name;

3. This could be a maximum 7 months process;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

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