Settlement deed
Querist :
Anonymous
(Querist) 08 May 2010
This query is : Resolved
There was a dispute between the two brothers over the transfer of share relating to the flat in a co op society which belonged to their Late Father. One of them name was entered as a nominee in the society registered however other brother challeged the same in co operative court and got the order restraining the soiety to transfer the share.
Both brothers are no more and their legal heirs want to settle dispute and apply as joint owner in the flat. But society is demanding the order copy of judgement which we dont have.
Can we do a settlement deed and submit the same to the society?
What is the procedure to do a settlement deed? and stamp duty, court fee involved?
R.R. KRISHNAA
(Expert) 08 May 2010
As per your query the society demands the judgment of the case to effect transfer. Settlement deed cannot be a substitute for a judgment of the court to get society's clearance for transfer (unless specified by the society).
Though the legal heirs may not be parties to the case between the two brothers, the legal heirs can certainly file a third party application before the court which passed the judgment seeking a certified copy of the judgment stating the above reasons of requirement and the court will grant the certified copy of the judgment. The said certified copy of judgment can be submitted before the society and transfer of shares can be effected among the legal heirs in the desired manner.
Best of luck...
