Transfer of Membership of a hsg scheme of the Trust in favou
Querist :
Anonymous
(Querist) 16 May 2010
This query is : Resolved
My father was a Member of “Kutchhi Sarvodaya Nagar”, a trust for housing scheme since 1966, where nomination was in favour of my mother.
My father expired in 2007. My mother does not intend to give me a single penny from the estate of my father.
He Sold his membership right between 2005 – 2006.
The buyer did not get the membership transferred in his name, nor did he pay the outstanding instalments, interest and penalties towards contribution to Housing scheme of the trust till date.
The committee had passed a resolution in January, 2010 that membership will be transferred in favour of the buyer only if outstanding instalments, interest and penalties towards contribution to Housing scheme of the trust were paid latest by February, 2010, failing which, membership will remain in the name of the original holder and he will have to pay all outstanding dues. No transfer will be accepted / effected after February, 2010 till the unit against the said membership is handed over to the original member.
My query is :
• Whether membership can be transferred in favour of the nominee, my mother, after lapse of more than 4-5 years, without obtaining NOC from all the legal heirs including me?
• It seems my mother is hand in glove with the buyer. What will be the recourse available to me, if membership is transferred in favour of the nominee - my mother, and she in turn enters into an agreement for sale of the said membership or unit, to the said buyer, without my consent, since she does not intend to give me a single penny.
Devajyoti Barman
(Expert) 30 October 2010
1. nO
2.Lodge complain to the registrar at once and ask for stay on transfer of the same,
