• Condominium rules

As per the bye laws of condominium, upon a member passing away, the heirs will automatically become members. However the condominium is not issuing bills in the name of the heirs. 

Is there any judgements/ case laws which state that - condominium shall automatically issue bills in the name of the heirs.
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

Make application to condonium to be added as member in condonium records 

 

2) enclose certified copy of death certificate of deceased member and consent of other legal heirs 

 

3) unless you furnish death certificate how can condonium add you as member 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The bills will be issued in name of member. Once heir becomes member billos will be issued in his name

 

 

 

 

 

 

 

 

 

 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Transfer of ownership is complicated legal issue. There cannot be automatic passing of title in property to the  legal heirs on demise of owner. If there is a will executed  by deceased owner in favor of legal heirs or if legal heir is nominated, it has to be brought to the  notice of association through written intimation with relevant documents as death certificate, nomination, will etc. only than the  successors will get bills and other formal document. Submit an application to association for transfer of ownership with documents required.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Upon the death of the flat owner, the legal heirs should obtain a legal heirship certificate from the revenue department certifying the legal heirs/successors in interest to succeed to estates of the deceased including this property on the basis of death certificate and other formalities to be complied as per procedures of law in this regard.

Once you obtain the legal heirship certificate, the revenue records of the property should be transferred in the names of the legal heirs by submitting an application along with the requisite documents namely, the legal heirship certificate, death certificate, copy of the property document, tax paid receipts and other relevant records to prove the ownership/title of the deceased.

Once the property is mutated on the names of the legal heirs, they should apply for transfer of share certificate of this property to their names by attaching the relevant documents as mentioned above along with document showing the transfer of mutation/revenue records from the name of the deceased to the legal heirs and observe the further formalities as required by the laws of the condominium association.

The association will in their next meeting of their MC members, would approve the application and pass an order to transfer the share certificate to the names of the legal heirs as requested through their application if all the requirements submitted are found to be satisfactory and proper as per the bye laws. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

It's come under Apartment Act, and Condominium rules are madam by the members, kindly get first rules copy from them and than apply accordingly.

 

If you request by for the copy of Condominium rules they should provide if it's chargeable or free of cost.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- As per rule , on the death of an apartment owner, his apartment shall be transferred to the person or persons to whom he bequeaths the same by his Will, or to the legal representatives of his estate,

- Further , in case he has not made any specific bequest of the apartment, then the name of the legatee or the names of the legal representatives jointly shall be entered in the register of apartment owners maintained by the Secretary for the purposes of administration of the. Condominium as apartment owner or joint apartment owners.

- Hence, you can submit the death certificate along with the names of all the legal heirs ,and there may be requirement for legal heirs certificate for issuing the bill in the name of heirs. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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