• What happens in case of wife who is joint owner of the flat with husband dies

In the registered agreement myself and my wife are registered as joint owners and my daughter is sole nominee. My wife died .Whether in terms of the bye laws of co-operative societies my wife's share will be automatically transferred in my name? Further in case of my death the flat can be transferred to my daughter who is the sole legal heir . Will it be useful if I put my daughter as a joint owner in the flat?
Thanks
Asked 3 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Yes it will be automatically transferred on tendering the death certificate to the Society and seeking transfer of 100 percent share. Also you can seek the nominee to your daughter after which she will be the 100 percent owner If you execute will or gift deed in her favor

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

Hello,

Yes you can 

Regards

Swarupananda Neogi
Advocate, Kolkata
1632 Answers
4 Consultations

4.7 on 5.0

1. On death of your wife her half share is inherited by you and your daughter in further half share.

2. On the basis of nomination your daughter's name can also be included as member of the society.

3. In other words now both you and your daughter will hold the flat in respective 2/3 and 1/3rd share.

Devajyoti Barman
Advocate, Kolkata
19621 Answers
278 Consultations

5.0 on 5.0

In case of the death of joint owner of the property,  her share in the property shall devolve equally on her own legal heirs consisting you and your children. 

So your daughter shall be entitled to 1/4th share automatically while you will be entitled to 3/4th share in it. 

After your lifetime she will entitled to succeed to the entire property as a sole successor in interest. 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

There two terms either of them is used in joint ownership agreement. 

Joint tenancy  - on death of one joint owner ownership passes to other joint owner. 

Tenents-in-Common - no specific share is mentioned. On death of one joint owner ownership passes to legal heirs of the deceased. 

So your deceased wife's share will pass on accordingly. 

Your daughter will inherit the property in either case after your life time. Even if you do not make any testamentary disposition. 

Society rules does not affect the property law. 

Kallol Majumdar
Advocate, Kolkata
2556 Answers
4 Consultations

5.0 on 5.0

On your wife demise her 50 per cent share in flat would devolve on you and your daughter 

 

2) nominee is only trustee for legal heirs 

 

3) it would not be transferred automatically in your name 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

1. In the given Circumstances, ALL the Class-I legal heirs (Husband & Daughter) are legally entitled to claim deceased Wife's intestate property, in EQUAL share i.e. 25% each. ALL the other relations are not entitled to claim anything.

2. The Father can execute a registered "Release Deed", in favor of his Daughter for the share of his Wife's property, which will made the daughter 50% Joint Title Owner of the property. (Stamp Duty: 200/- and Registration: 1000/-).

3. Nothing is automatic in law. In a Society, the Nominee's membership shall permanently remain "provisional member" and will never become Title-Owner, for the purposes of any future transaction of the property.

4. NOMINEE DOES "NOT" BECOME OWNER OF FLAT: https://chshelpforum.com/nomination-in-chs

Keep Smiling .... Hemant Agarwal
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Hemant Agarwal
Advocate, Mumbai
4366 Answers
23 Consultations

5.0 on 5.0

If your daughter's name is registered as nominee in the CHS then no issue as per the latest amendment by the law. that no need get her as joint owner.

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

1. You and your daughter shall equal share in share if wife in flat , both name shall be added in the society and municipal record on your application for transfer accompanying death certificate and affidavit .

2. Yes after your demise if there is no will flat shall be inherited by your legal heir daughter and mother if alive.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

Her share will inherit in you and daughter and on your intestate death, your share will inherit in your daughter and mother if alive - equally.

Otherwise your daughter will be sole owner.

Yogendra Singh Rajawat
Advocate, Jaipur
18591 Answers
22 Consultations

4.6 on 5.0

your wife was the co-owner of the flat

upon her demise her share in the flat will devolve on her legal heirs as per intestate succession

the legal heirs of a Hindu female are her widower [husband] and children

thus such legal heirs will inherit the share of the deceased wife equally 

there is no concept of survivorship i.e. automatic devolution of share of deceased co-owner to the name of the surviving co-owner

survivorship would come into play in the case of HUF property [even that has been now done away with by the Hindu Succession Act]

your daughter has inherited a share in her late mother's share alongwith you

so your daughter has become a co-owner having an undivided share in the flat

however for proper conferment of title on her as well as the transfer of your share in your name from out of your wife's 50% share in the flat, a letter of administration will have to be applied for from the Court

Yusuf Rampurawala
Advocate, Mumbai
5119 Answers
31 Consultations

5.0 on 5.0

On death of your wife, if she died without a will then the 50%  property will devovle amongst all legal heir i.e Husband and Daughter.  Incase if you died intestate on the basis of nominee and there is no objection then property can Transfer in your daughter name but not automatically.

 

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

1. If she dies intestate then her share in the property will devolve on you and your daughter equally.

2. Thereafter, either you or your daughter can transfer his/her share to other.

3. Your daughter cannot be made the joint owner of the flat unless either you or your wife gift your share to her.

Ashish Davessar
Advocate, Jaipur
28733 Answers
836 Consultations

5.0 on 5.0

1. Yes ownership of flat will automatically transfered on your name after death of your wife as it gives joint tenancy rights.

2. Yes after your death your flat will devolve to your daughter as she is sole legal heir and nominee of flat. 

3. You can add your daughter name as joint owner it will be better.

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

This is my response to you:

1. You will have to execute and register a release deed till the time the person is present and alive;

2. Post her demise, you will have to obtain letters of administration;

3. Or if she can make a Will, and post his demise, you can obtain the probate;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

Your property would be transferred to your daughter as per the law. You have made her the nominee. That would be sufficient.

Rahul Mishra
Advocate, Lucknow
8034 Answers
15 Consultations

5.0 on 5.0

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