One of my relative who is around 70 years old is living in a Flat in Mumbai since last 38-40 years and regularly paying all the society dues. He is also a nominee of the Flat as well an associate member in the flat, however in the share certificate only the owner’s name is mentioned and not of the occupying Associate member. (It looks like the society must have passed a resolution in concerned committee member/AGM meeting but have not recorded the same in share certificate)
The flat owner had made him(relative) an associate member few years ago maybe (15-18 years ago) because the society was planning to go in redevelopment so that he can sign all the documents on owner's behalf, give permission and do all the other formalities as and when required or asked by the society.
This matter of redevelopment has been going on since last 12-15 years and everytime some or other issues arises and the redevelopment is still hanging and various committees have formed, disputes taking place, legal fight with builders etc. so far there is no result and the matter of redevelopment is still hanging and lying in hope, also the conditions of the society building is worsening day by day.
The flat is owned by his younger NRI brother who passed in April 2020 due to COVID. Both of these brothers are single, unmarried and do not have any family. They do have another elder brother who stays abroad.
Now there are only 2 legal heirs of the Flat, one the relative who is occupying and nominee of the Flat and his surviving elder brother residing abroad. Both of these brothers are in good terms and the elder brother has happily agreed to part away with his share and give to his younger brother who is already staying in the Flat as his financial condition is not good.
In August 2020 the relative occupying the Flat submitted an application for transfer of Flat to his name with all the paperwork such as, indemnity bond, copy of DC of owner of Flat, copy of nominee form, copy of share certificate, PAN card copy, Aadhar card copy, NOC of elder brother, Appendix - 3 undertaking, Appendix 15 and a new nomination form of incoming nominee member. (These all papers & drafts were prepared after consulting a lawyer).
However, to the huge astonishment, the society has as on date not actioned the matter, nor given any written response even after sending repeated reminders. The matter has been hanging for more than 3 years now, there is not a single reply nor any sort of communication received from the society. The matter has also never been discussed in any AGM or in any managing committee meetings and there is a frequent change in the society's managing committee and no-one is ready to listen or take a call in this matter and the only issue which society thinks fit to discuss is the redevelopment and leaving everything else aside.
From the above stated facts, it looks like future litigation is inevitable. Hence please if someone can provide a detailed response to the following questions.
- Can we write to the registrar of the society with copies of entire correspondence and documents submitted. What action can the registrar take after receiving this complaint and copies of all documents submitted to society etc.
- Can the registrar authorise the transmission of the Flat in favour of applicant or can he instruct the whatsoever existing managing committee of the society to execute the transmission of flat and register the new incoming nominee member. If so, then in how many days does the society need to take the relevant action and respond to the occupier and society.
- If the occupier was to apply for succession certificate, can he file the petition himself and what will be the court fees payable – Does he have to pay 75,000 rupees court fees OR “AS PER VALUE OF THE SHARE IN SOCIETY AS PER TESTAMENTARY PETITION NO.595 OF 2005 - YALLAPRAGADA MANJULATA RAO”
- Does the succession certificate have a validity?
- Already 3 years have lapsed so if the occupier applies for succession certificate, is there a special procedure or any extra document required to be prepared while filing the petition of succession certificate because the guidelines states that succession certificate needs to be applied within 3 years from the death of deceased owner.
- After obtaining the succession certificate, what needs to be done – namely:
Do we have to submit a copy of succession certificate to society and in how many days the society have to transfer the flat. Can the society raise any objection to the transfer despite receiving succession certificate.
- Can we send the copy of succession certificate to the registrar of co-operative housing society and ask them to supervise and instruct the transmission of flat.
- What to do if the society even after receiving succession certificate does not take any action nor transfer the flat nor does any communication.
- What is the best course of action in this matter.
Thanks.
Dhiraj
There is another person who is the eldest brother living abroad.
