want know the procedures of transfer flat ownership to nomin

Shailesh Hejmady (Querist) 08 April 2017 This query is : Resolved
my father expired in 2015 and my mother is 100% nominee in the flat... so we applied to the society for transfer the share certificate to mothers name by submitting fathers death certificate, copy of share certificate, copy of nomination letter which in my mothers name.. but they are not talking only... now i want to know i need submitt any other documents to society... because after one year of submitting letter now they say we have to submit indemnity letter n affidavit of my mother is only wife of my father. what should i do

Follow Query

Report Abuse

R.K Nanda (Expert) 08 April 2017
depends on bye laws of society.

Rajendra K Goyal (Expert) 08 April 2017
Complete the required formalities / submit the required documents.

If the society is still adamant, discuss with local lawyer and file legal case with court / registrar.

Kishor Mehta (Expert) 08 April 2017
Sir,
In Maharashtra the society has to compulsorily transfer the share certificate to the name of the nominee as per the nomination form submitted to the society. They can not demand any other documents.
Good luck.
Kishor Mehta

Kumar Doab (Expert) 08 April 2017
Instead of delaying for 1 year (as per your post) society could have transferred and updated you on its requirement if any, promptly.

Ms.Usha Kapoor (Expert) 09 April 2017
Agree with Kishore Mehta and Kumar Doab.

Message likes : 1 times

Kumar Doab (Expert) 09 April 2017
Ushaji,

Thanks for agreeing with me and Mr. Kishore Mehta.

Mr. Kishore Mehta does deserve appreciation for his participation in threads.

Dr J C Vashista (Expert) 12 April 2017
Contact Secretary of the Society and complete legal formalities for processing your case, as advised by expert Sh. Rajendra K Goyal.

Kumar Doab (Expert) 12 April 2017
Gently remind the Secretary of Society Bye Laws, Model Bye Laws and variance and transgression by society if any, and also if you have complied to applicable rules and to transfer the shares to Nominee.

If you are unable to handle entrust to local counsel well versed with local rules/laws and society matters like Mr. Kishore Mehta, and other experts of LCI that have regularly been posting on such matters with expertise like:

Mr. Hemant Agarwal, Mr. M.V.Gupta.

M V Gupta (Expert) 15 April 2017
Agree with Mr. Kishore Mehta. When there is a valid nomination by the deceased member the Society is bound to transfer the flat in favor of the nominee.The society can demand only for the forms prescribe in the bye laws and nothing else. Demand made by the Society for an affidavit from ur mother that she is the only wife and that there is no other wife is totally uncalled for and u should ask them under which bye law provision or law they are asking for the affidavit. If after furnishing the forms as prescribed in the bye laws the flat is not transferred, your mother may file complaint with Dy. Registrar of Cooperative Societies.

Shailesh Hejmady (Querist) 18 April 2017
society Secretary replied in letter after one year eight months.... they demanded documents as follows
Death certificate (2copy),

pension book with couples photo (1copy),
(my daddy worked in BMC)

nomination form with photo,

on 100rs stamp paper letter of pledge,

rent recipt (2copy),

electricity bill (2copy),

noc from other family member on 100rsstamp paper,

indemnity bond on 200rs stamp paper,

aadhar card (2copy),

pancard (2copy),

ration card (2copy)

Hemant Agarwal (Expert) 02 May 2017
1. Kindly prefer to visit the following link, for answers to most of your queries related to Property Transfer, based on Society Nomination Form:

http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Kumar Doab (Expert) 02 May 2017
If you are unable to resolve on your own take help.

Mr. Kishore Mehta, Mr. M.V.Gupta, Mr. Hemant Agarwal have posted in the thread for you.