23 February 2019
We are a CHS society.Our developer xyz has sold one flat free of cost thru it's partner A ( promoter/ developer) to B (Allottee/Land owner) free of cost with C as " confirming party ". The transfer deed is done and registered but society was not told about it as maintenance bill is still raised in the name of developer xyz. A&B are brothers and C is the father and said property is the ancestral property of C ---" Confirming party ". B has passed away and is no more.Further wife of B has requested the flat to be transferred in her and two childrens name. Now our query is as follows: (1) is B the sole owner or now C or his remaining sons can claim the property also (2) whose name share certificate has to be prepared(3)what documents we have to ask from wife and children (4) what care should society take for indemnifying itself and it's members from future issues / litigation (5)what is the meaning of " confirming party " in legal terms.
Please guide us and requesting to reply or answer question wise...1..2..3..4..5..
24 February 2019
1. IF property was transferred to "B" via a proper Registered Deed, in the manner described, THEN on demise of "B", the wife & children is the Legal Heir with absolute right over "B"'s property, AND nobody else can claim on such property.
2. Society can take properly stamped & executed Indemnity Bond from the wife & children and transfer share certificate in name of wife & children. Also to take routine transfer forms & membership transfer fees, newspaper notices and other legal required procedures, as applicable.
3. Confirming party simply means that he legitimately confirm to all that is written in the Registered Deed and hence as confirming party, now he or his legal heirs cannot raise any disputes in future.