Selling of property
Dilip Verma
(Querist) 09 October 2015
This query is : Resolved
Can after getting succession certficate can one sell his property which the society has transfer
malipeddi jaggarao
(Expert) 10 October 2015
If the society has already transferred the property on the basis of succession certificate, I do not find any impediment for sale unless the bye-laws of the society have any restrictive clauses.
P. Venu
(Expert) 10 October 2015
Please state the real problem with matrial facts.
Hemant Agarwal
(Expert) 10 October 2015
INTROSPECT OF THIS :
1. Besides declaring the "Legal Heirs" of the deceased person, CAN THE SUCCESSION CERTIFICATE DELEGATE "ANY" "title-Ownership" of the deceased's immovable property.
2. The Society may ignorantly transfer "Society Membership" BUT DOES THE SOCIETY HAVE LEGAL JURISDICTION TO TRANSFER "ANY" "title-Ownership" of the deceased's immovable property, to the new member (who may be a legal-heir).
3. DOES both the above options provide "CLEAR" title-ownership over the deceased's property, to the legal heirs, based on a Succession Certificate.
Keep Smiling .... Hemant Agarwal
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K.S.Srinivas
(Expert) 13 October 2015
Follow the society bye laws.
Hemant Agarwal
(Expert) 13 October 2015
AGAIN BACK TO SQUARE ONE:
QUESTION IS:
1) CAN a Society Bye-Law have jurisdiction to Transfer Immovable Property .OR. does the Society have jurisdiction to transfer ONLY & ONLY its "membership".
2) IF "yes", can the Society Bye-Laws, over-ride the Stamp Duty Act, the Registration Act, the Transfer of Property Act, the various Succession Act and so on ....
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
