I seek your advice in the matter of my sister and request you to please guide me and oblige.
We are residents of Mumbai – Maharashtra. My sister is a senior citizen, her husband demised several years back. They have no issues.
My brother-in-law was a retired person, they had purchased an ownership flat at Kandivali in their joint names, name of my sister stands first on the share certificate and the registered ownership document.
What is the position of my sister with regards to the ownership of the flat, does she automatically become the sole owner on the death of her husband or has she to obtain a succession certificate from the court, what is the procedure with regards to the application to the society. They have no issues.
I hope you will find time to guide me, and thank you in anticipation,
I C Naik
The flat purchase agreement had names of two Joint owners, the first being of your Sister. In the society records Sister is a main member and your (deceased) Bro in law an Associate member. In the society records Associate member’s name stands deleted upon death. The main member’s position in the society remains unaffected. No formalities, except to submit the Certificate for deletion of the name of the Associate member along with a copy of the death Certificate. She can also file a form for any other person to become Associate member if the bye-laws permit.
As for ownership of the flat also the position remains the same i.e. She is a Joint owner. No distinction between two Joint Owners. Your Bro-in Law’s share in the flat passes on to a person as per will if any or it passes on to wife by virtue of Hindu Succession law.
As of now there is nothing to be done except getting Share Certificate modified as afore said.