TRANSFER OF NAME OF REGISTERED GIFT DEED IN SOCIETY
(Querist) 28 September 2009
This query is : Resolved
WE HAD REGISTERED A GIFT DEED OF A ROW HOUSE IN PUNE, VIDE A LEGAL REGISTERED POWER OF ATTORNEY OF THE DAUGHTER IN LAW. THE ORIGINAL REGISTERED DOCUMENT AND SHARE CERTIFICATE WAS ON THE NAME OF THE HUSBAND AND WIFE.THE WIFE'S 50% WAS GIFTED TO HER MOTHER IN LAW. WE APPLIED FOR THE NAME CHANGE IN THE SOCIETY RECORDS. WITH SOME LEGAL OPINION IT WAS FOUND THAT THE TRANSFER AMOUNT WOULD BE ONLY RS.100/TOWARDS MEMBERSHIP AND RS.500/- TOWARDS TRANSFER AS IT WAS A BLOOD RELATION AND THE SOCIETY BYE LAWS MENTIONED THAT. IN THE SOCIETY MEETING I AGREED TO GIVE THEM AN UNDERTAKING ON RS.100/- STAMP PAPER THAT IF THE TRANSFER FEES ARE NOT CORRECT IN THE FUTURE IT WOULD BE MY RESPONSIBILITY. I ALSO GAVE THEM AN UNDERTAKING THAT THE POWER OF ATTORNEY USED AT THAT TIME WAS LEGALLY EXISTING AND NOT REVOKED AT ALL. FOR THIS I GAVE THEM THE TRUE COPY OF THE PWER OF ATTORNEY WITH THE DATE AFTER IT WAS USED. AFTER ACCEPTING ALL THE PAPERS THEY ARE STILL DELAYING AND NOT BOTHERED IN ANSWERING MY CALLS. SHOULD I GO THROUGH A LAWYER AND GIVE THEM A NOTICE OR SHOULD I GO THROUGH A PERSON I KNOW WHO IS HANDLING ALL SOCIETY MATTERS FOR BUILDERS AND HA DADVISED ME REGARDING THE TRANSFER CHARGES. A LONG PERIOD HAS PASSED SINCE I HAVE HANDED THE PAPERS TO THE SOCIETY REQUESTING FOR TRANSFER. WHAT IS THE MAXIMUM TIME PERIOD IF TRANSFER IS NOT DONE BY SOCIETY IT IS DEEMED AS A TRANSFER. IF ANY SUCH LAW EXISTS THEN WHAT STEP SHOULD I TAKE NEXT TO GET THE NAME TRANSFERRED. REGARDS ZEEBA AGA
Raj Kumar Makkad
(Expert) 28 September 2009
First of all you should contact to the person handling the matter, as he is your known person and reprsent your problem to him and provide him a definite period of a week to settle your matter failing which provide legal notice through a local lawyer and even if u also fail to get the desired results within the period provided by your lawyer on your behalf then you have no other option but to initiate legal action against the society through civil court of your area.