Transmission of share in cooperative society
Querist :
Anonymous
(Querist) 22 March 2019
This query is : Resolved
I am a co owner of flat purchased by my mother myself and my brother.now we three co own this flat in CHS located in Mumbai.my mother made gift deed of her 1/3 share in my name but before submitting the same to secretary of society
She died of heart attack.So in this case how should I approach society for transfer of her share in my name .6 months have passed since gift deed registered
Dr J C Vashista
(Expert) 23 March 2019
Gift deed duly registered is valid for transfer of share of your mother (donor) in your favour (donee).
Submit a copy of the gift deed to the MC of the Society with an application for necessary endorsement/ amendment of its record accordingly.
P. Venu
(Expert) 23 March 2019
Was the gift made through a registered deed (unless you are a Muslim)?
Hemant Agarwal
(Expert) 24 March 2019
1. SINCE you are already a existing "JOINT member" and SINCE the "Gift Deed" is duly Registered, there are no Transfer Forms required and no Transfer Fees are required from you and the Society is not entitled to demand any document or transfer fees.
2. Just submit a covering letter and a notarized copy of the registered Gift Deed to the Society, requesting them to delete the name of mother from its records and registers.
3. IF the Society fails or refuses, THEN:
a) File appeal u/s 22 or 23 of the MCS Act before the local Registrar of cooperatives, for necessary and relevant order,
b) File grievance petition before the local Consumer Court, against the Society, citing harassment, negligence & deficiency and claim appropriate compensation, damages and directions.
BOTH above would given you 100% success, provided you have all the relevant documentary evidences in your favor.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Querist :
Anonymous
(Querist) 04 May 2019
Thank you very much .I really appreciate you all learned lawyers.as well as this website
Querist :
Anonymous
(Querist) 06 May 2019
Dear Sir/Madam,,
My society is asking for submitting form 19{a}(IV) appendix -3&appendix -2 is it so
Querist :
Anonymous
(Querist) 07 May 2019
Please elaborate on this
Sb Karma
(Expert) 16 January 2020
If society need then just submit it...
it is not so hard and complicated ....
just print on stamp paper and submit it.....
providing following link....
Appendix 2 =
https://mysocietyclub.com/bye-laws/maharashtra-cooperative-housing-society-bye-laws/byelaw-appendix
Appendix 3=
https://mysocietyclub.com/assets/bye-laws/appendix/pdf-appendix/appendix-3-bye-lawsno.19(a)(iv)).pdf
