Name change in flat in a society ( not yet registered ) of a joint ownership flat in case of death of spouse
My son bought a flat in a society in Gr Noida in joint name with his wife. He made full and final payment a year back but has still not received the possession as the builder has not completed the finishing work. Now the builder is demanding additional payment saying that the area has increased by 12% for which no certified calculations are being shared by him. Also, my son expired about three months back. I want his wife to be the single owner of the flat now for which the builder is asking for documents without specifying what documents are required. I need to know what documents are required to be submitted for this.
You may get issue a legal notice and call upon the builder to facilitate that your daughter-in-law get her single name register. Usually, death certificate of the deceased and NOC from parents and siblings of the deceased are sufficient.
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Ayantika Mondal @ Prime Legal
Responded 1 year ago
To transfer the flat in your daughter in laws name then you are required to transfer all the shares in your daughter in laws name which were in the name of your son. For that you would be requiring his death certificate and succession certificate from the court for his wife.
Also it would suggested to file a complaint against the builder if they demand any amount as not agreed in the agreement made while purchasing the flat.
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You could surely get the flat solely in the name your daughter in law. It would be suggested to ask the builder regarding what documents he requires. also if he ask any unreasonable amount and harras you then you are free to file complaint against him in the court.
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Yes absolutely your daughter in law can claim her share in the said.
After your son expires, the legal heirs will be you, your Daugher in law and if any child is there from your son.So, your daughter in law can easily ask for the entire ownership.
And for rest of the procedure, the clauses of the contract copy has to be checked that where in any such increasing amount is mentioned or not. Contact a property lawyer and show the same for clarification.
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
Responded 1 year ago
Yes, the name can be changed. You may kindly apply for Surviving Member Certificate from the concerned authority and get the death certificate of the husband, as these two documents are necessary to transfer the full ownership of the property. Also you have had a agreement with the builder which is called as builder buyer agreement there it is mentioned about the charges whether he can ask you or not.. and as per that you take legal action against that builder for charging additional amount.
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firstly, I am sorry to hear about your loss.
As you mentioned that the flat was owned jointly, so after the demise of your son the property should automatically transfer to the sole surviving owner which is now your daughter-in-law.
Most commonly the property is owned by the couple jointly with the right of survivorship. This is most common in the marital home. In such a case, if there is a death of one of the spouses the property automatically transfers to the name of the surviving spouse. This is outside the probate process and doesn’t require any kind of deed. For the purpose of shoring up the ownership interest in the estate, one needs to check if the property is owned jointly with the right of survivorship. The right of survivorship automatically transfers the right of ownership after the death of one of the spouses.
After the death of the spouse, one needs to obtain a certified copy of the death certificate from the hospital, mortuary or the appropriate authority. Now, one needs to visit the office of the registrar of deeds with the certified copy of the death certificate and the existing ownership deeds and file both together for the purpose of confirming the ownership rights in the property upon the death of a spouse. These documents can also be used as evidence in the court of law while any kind of dispute arising in future with respect to the ownership of the property.