Transfer of share in hsg soc after death of flat owner
m s khan
(Querist) 03 March 2013
This query is : Resolved
My elder sister who purchased a flat from her own salaried income at Khar, Mumbai. During her life time she nominated me as per requirement of housing act and a copy was send to me and also to the society which is availabble in the society record.For this purpose she had also executed a will during her life time and witnesses are members of the society.After her death I've applied to the society for transfer of name in the share certificates.Meanwhile my younger brother a USA citizen wrote a letter to the soc that he is also a legal heir as my sister had no children and her husband died before her death. Though as per law soc can't decide the property dispute but to transfer the share certificate as per nomination made in my favour during her life time.But the soc despite my repeated reminders not responding to any of my letters.So please guide me whether i sue the society and or make a complaint to the Registrar of the soc or both ?The possesion of the flat is with me and since her death paying all soc dues.light and telephone bills etc
Kindly guide me urgently.
Pradeep MK
(Expert) 14 March 2013
The society is right as there is rival claim. It is better for you to go to court and resolve the issue of ownership or your share.
Raj Kumar Makkad
(Expert) 14 March 2013
The deceased had executed a will in your favour so it is mandatory in Mumbai to get the will probated. Get it done impleading your brother and general public as parties thereto and obtain Letter of Probate so that the society may do as desired.
ajay sethi
(Expert) 14 March 2013
society will not take risk since your brother has objected to transfer of flat in your name . society has no personal intersts in the matter .even if society transfers flat in your name as nominee you are only trustee if you have the will apply for probate .
