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Himanshu Dabhi (abc)     14 March 2014

Transfer of flat after death

Respected Sir,

After my father death in Feb-2013, i submitted the death certificate copy and a written intimation letter to society for transferring the my fathers flat in my mothers name. There I came to know that father had not filled the nomination form of society.

Thus society committee  asked me to get indemnity bond of my mother as legal hier and my NOC (Son).  We are only 2 members in our family i.e. my mother and myself the only son. The said papers i prepared it and submitted the same to society in Oct-13. But still they haven't did the transfer in my mothers name.

I have requested the society member a tons of time to do the formalities ASAP as we want to sale the flat. And last week i got the party who is ready to purchase the flat but requires the share certificate of my mother, so i approchaed society and intimated for the same. But now they are saying that the share certificate and transfer won't happen as AGM is closed in Aug. And it can only happen after the coming AGM.

So please suggest me a way out for getting it done. As we are in real need of money and can't wait for such a long period.

Please your inputs and suggestions are most valuable for us.

Please note the said property is on rented basis situated in virar west and there are no dues of banks.



Learning

 3 Replies

Advocate Vishnu (Advocate)     14 March 2014

Pl send a legal notice to the President of the society asking him to make the necessary name transfer or else you can file a suit for specific performace against him asking the society to make the requisite changes .

Himanshu Dabhi (abc)     14 March 2014

Thank you Mr. Adv. Vishnu for your kind reply!

had one more query that do i need to do any other documentation before sending them legal notice.

 

Advocate Vishnu (Advocate)     15 March 2014

No, from your query , it is very clear that you have all the requisite papers for the society to make the necessary name transfer.

 


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