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Diego stanga (Self employed)     11 May 2014

Membership issue in chs

Dear advocates, I seek your advise in the matter of membership in co-operative society based on registered gift deed executed by my father. The society is demanding NOC from other legal heirs who are staying in some other local region. Is the demand of the society justified if not what is the remedy to transfer the flat. The registered gift deed is executed 2 years ago and now my father is expired. Therefore with whom the society has to deal with in the absence of deceased member.



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 5 Replies

Dr J C Vashista (Advocate)     11 May 2014

The society demand for NOC is unjustified if your father has executed /registered gift deed.

Diego stanga (Self employed)     11 May 2014

Dear sir, your prompt reply to my query is highly appreciated. Thanks for the same. Kind regards

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     11 May 2014

Please remind the Society committee members that they are the other members' servants, not the masters. The Transfer is usually held up for two reasons. Fear of wrongdoing or harassment. In either case, there is no reason for delay. However, transfer of immovable property may require a probate and registration. In your case the transfer is clean and clear-cut. Inform the Society that legal action may be necessary, at their cost, if you are unduly harassed. Bapoo M. Mmalcolm

K.K.Ganguly (Advocate)     11 May 2014

1. The Society is unjustified in demanding NOC from other legal heirs of your father's property for registering you as member of the society,

 

2. You have got the Gift Deed registered in your favour & the Society has no business to doubt or think that the other legal heirs may have claim on it unless the society has got any letter challenging the legality of your said gift deed, 

 

3. File a declaratory suit praying for declaration that you are the owner of the flat and direction upon the society to register your name as a member of the said Society.

T. Kalaiselvan, Advocate (Advocate)     11 May 2014

The society's demand for NOC from other members of your family especially in the light of you holding a valid title to the property by way of registered gift deed is unjustified and illegal, you can issue a legal notice demanding your requirement, if they fail to consider your demand, you may approach court for remedy.


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