prasanna (VP ) 30 June 2016

Property tights

I am staying in Andheri west mumbai. I am unmarried.woman The flat where I am staying is in the name of my mother and two brothers. I have two sisters also.My mother expired two years back. She has left no will or nomination.

I want to add my name in the share register and in th eoriginal agreement. My brothers have no objection.

What is the procedure to add my name in the share certificate ?

Is NOC needed from my Sisters in law or sisters? Any advertisement ?

Please advice .

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2 Replies

JustAdvisor (IT) 30 June 2016

since mother did not make a will, her share gets divided between 5 of you (plus father if alive). now for your name to be added, section 35 of model bye laws is attracted. it provides for advertisements in two local newspapers. all heirs will have to give an affidavit cum indemnity in favour of society. please engage an able counsel in Mumbai specialising in cooperative society matters.

Kumar Doab (FIN) 30 June 2016

Within one month from information of his death, the Society shall invite claims and objections to the proposed transfer of share together with interest of the deceased member in the flat. A notice to this effect to be placed on the notice board of the Society and to be published in two local newspapers and all costs thereof to be borne and paid by the legal heir. If no claims and objections received, the Society will transfer the shares together with interest of the deceased member in the flat to said legal heir after obtaining proper indemnity bond from such legal heir agreeing to indemnify the Society in case of any claims from other sources. All the above cases of transfers are treated as “transmission” and hence no documentation like sale deed etc. is necessary to be executed. Therefore, no stamp duty or any transfer premium is required to be paid.