Siddique
15 May 2014 at 22:42
A CHS flat in Mumbai in late sister + late brother's name. Late sister left no nominee. Late brother’s 2 sons are nominees. We the surviving brothers are the legal heirs.
Legal opinion from society's advocate:
A) nominees have a right to transfer flat in their names;
B) legal heirs of deceased sister should get court’s succession certificate.
Our comments on A): Bye law 35, section 17(a) & 19 requires society to inform nominees within 15 days and it allows 6 months from death of nominator for nominees to apply for membership; 6 years have passed; brother's nominees have not applied for membership nor society has informed them so far;
comments on B): sister died 20 yrs ago; no claimant/legal heir of sister or brother has lodged any claim with society; keeping legality aside, it does stand to reason, beyond reasonable doubt, that we are the only surviving brothers of the deceased sister.
Now the surviving brothers intend to apply for transmission of flat. Some of our queries are:
Q1: Can society legally insist on nominees to get flat transferred in their name even now?
Q2: Whose legal responsibility to write to the nominees now; society’s or legal heir’s?
Q3: How should society proceed if nominees do not reply to society or legal heirs’ request for NOC even now? Treat nomination as redundant (after allowing them say 15 days for reply)?
Q4: Will the society be violating any bye law if, upon legal heirs’ application for transmission, instead of expecting succession certificate from them, it directly proceeds to display/insert public notices inviting other claimants/legal heirs, if any, thereby establishing “the need or no need” for succession certificate?
Q5: After all, what is the difference between a petition in court and a similar legal heirs’ application to society; this application also will enclose essential proofs of immovable property, death certificates, notarized affidavit of blood relationship of legal heirs vs. sister, etc.?
Q6: Shouldn’t the legal heirs’ indemnity bond be enough to put at rest committee members’ hypothetical risk perception? What else should the legal heirs offer to satisfy society?
Q7: Society wants the nominees to present themselves personally before the committee members. Instead of this, we feel, notarized and registered affidavit from the nominees should do equally well.
GaneshTiwari
15 May 2014 at 22:15
Hi Expert My question is .... My Mom have owned Registered document property with a property Card name in it . if she want to gift me that said property to me in that case my brother or sister have any right ? or I have to make release deed from my brother or sister ?
Anonymous
15 May 2014 at 20:53
We are staying in a house with my uncle's family. My father's name and uncle's name feature on d share certificate. We have society communications mentioning my uncle as an Associate member. My uncle's name is second in d certificate. It reads as A (my father) and B (my uncle). All throught since purchase my dad has been paying outgoings. Now both my dad n uncle have expired. Now my and my cousin's name are in d certificate by virtue of being nominees of our respective parents. Are they entitled to a share in the property??? Awaiting a reply, Many Thanks.
seniorcitizen
15 May 2014 at 19:13
Hon.Experts,
Please advise me:
A senior citizen couple has an ownership flat in a CHS society, they do not have any issue, the CHS flat is registered in their names, the name of the wife as the first holder and the name of the husband as the second holder.
The husband has died without leaving a Will, now what the wife should do for the full ownership of the flat? What is the legal procedure to get the flat transferred in the sole name of the wife?
Please offer advice and oblige.
Thanking all of you in anticipation,
Senior Citizen
Jayadevan
15 May 2014 at 15:40
My building has 12 closed garages which are not allotted to flat owners yet as we have enough space car parking in the open area. Also some of the 'closed garages' are too small for car parking. We have CHS registered long back and it is a 11 years old building. Can I take a allotment letter from the builder and use this closed garage? Is the builder is in his authority to allot it now. All keys are still with the builder and he/his associates are using it as a storage area. Can the society take possession of these garages from builder on amicable way and allot it to members on lottery system or on a bid system. Is it legal? Can the society allow members who will be taking this garage for using it as an 'office/shop/library' etc.? Can I use this area for 'office purpose' (desk job only) after taking allotment from builder? I may have to pay 'cash' component. Kindly advise.
Advocate Ravinder
15 May 2014 at 15:04
There are three brothers x,y and z. All the three of them married, living together as hindu joint family. The elder brother is main earning person. The other two younger brothers are also earning but very meager amounts. With the help of their joint earnings, they have purchased a house constructed on 300 sq yds in the year 2009 in the name of elder brother (the property which now they are living). Almost at the same time in the year 2010 the elder brother with an intention to have a property for his personal had purchased a plot of 500 sq yds in his name. He had this thought, since he is main earning member of the family. This property is very far away from the earlier plot. But the family is still a joint family. There are some disputes arose and now the family wants to partition the property. The other two brother are now claiming that the second plot of 500 sq yds also should be partitioned. The elder brother contention is that it is his own property constructed with his own funds for his exclusive purpose. However, he has no objection for the house of 300 sq yds.
Q1. My question is that whether the other two brother can claim the property of 500 sq yds to partition.
Q2. How the elder brother had to prove that it is his exclusive property purchased from his own funds.
Q3. In the above circumstances, if the elder brother wants to purchase a property for his exclusive enjoyment, what steps he would have taken at the time of purchase of 500 sq yds plot.
Rajkamal Chawla
15 May 2014 at 14:52
My father had a settlement with two of his brother's for the house in Delhi belonging to my grandfather. Share of both the brothers was paid out and they relinquished their right in favor of my father.
But before my father got the registration in his name he expired, now this house need to be registered in my mother's name.
Please clarify
1. What is the procedure?
2. What all documents shall be required.
3. What is limitation period within which (a) registration in my father should have got done in his name, (b) registration is to be done in my mother's name.
4. What shall be the stamp duty applicable in this case.
abhay dilip divate
15 May 2014 at 12:01
Respected Sir,
I have to calculate stamp duty of builtup area. The construction is completed on year 1983. We have completion certificate. After pursuing ready reckoner, the depreciation is 60%.
Please give formula to calculate stamp duty of built up area. The said property is locketed in Kolhapur, Maharashtra.
Thank you.
manish jain
15 May 2014 at 11:18
I have letout a space to the bank and the leasse agrement has been expired. After negotiation bank has agreed for a new rent and surrendering half of the space.
The new rent will be divided.70% will be paid as rent and 30% as maintanence.
Bank has agreed for seperate agreement for rent and maintanence.
My query is should we make two seperate agrement for the rent and the maintanence ?
And can both the seperate agreement will be registered ?
What is the best possible way?
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