Society not transferring flat
James
(Querist) 01 September 2020
This query is : Resolved
Respected Experts please guide me
My Unmarried Aunty ( Dad's Sister) died in the year 2017,She was living with her cousin at the time of death. She owned a house (self acquired) in a Co-op Hsg. Soc. Ltd. and currently the house has been let out to tenants by my aunt just before her death. After the demise of my aunt I approached the society and met the secretary for the transfer process of my aunt's flat, she told me that after discussing with the chairman of the society she will get back to me, but since I never received any kind of response from her end I approached her again and then she tells me that the society does not recognize me and will not entertain me and will transfer the flat to a person whom they know. So I requested her what documents will be required to prove the relationship between me and my aunt. She just slams the door and doesn't even answer my call or even reply to my messages.
Please guide me on what document would be required to prove the relationship between my aunty and me and whom should I approach to complete the transfer procedure and approximately how much time it would take for the transfer procedure
Awaiting you advice
Isaac Gabriel
(Expert) 01 September 2020
Get sucession certificate from court if no other document or nomination left by your aunt.Normally the members/ allottees are required to give nominatio at the time of allotment.Morwover,the details of heirs would have been recorded in the admission register.
Sudhir Kumar, Advocate
(Expert) 02 September 2020
Given facts indicate the action of the society Secretary is rude but cannot be said to be out of legal framework.
Once she slammed the door and refused to talk then unnecessary visits and messages/calls will amount to harassment and FIR can be registered on you.
Beware unless you can prove ownership of the house you will neither be able to evict the tenants her nor able to recover rent. Given facts indicate that the house practically belongs to tenants (though there appears to be no title).
Your blog does not indicate:-
1. whether at all there is any WILL or nomination in your favour.
2. who are other successors of deceased aunt and what are their views.
3. whether at all you have met any lawyer.
Shilesh Patel
(Expert) 02 September 2020
the flat belongs to the legal hair of your aunt if there is no nominee of the flat.
James
(Querist) 02 September 2020
Thank you experts for your advice
My aunt never mention to me about any will made by her.
My aunt has only 1 brother i.e. my late dad who has 2 children i.e. me and my sister.
No I haven't met a lawyer until now
My aunt told me that she had kept my dad as the nominee of the flat
Sudhir Kumar, Advocate
(Expert) 02 September 2020
then check nomination status. if the secretary doe snot help then approach Registrar Office. If the situation comes for RTI then you cannot file RTI on society but you can file RTI on the public authrotity (Registrar) to whom the society is bound to submit record.
even without RTI you can apply to the Registrar for inspection of available records of the society filed by society (not possible under RTI act as procedure is already in place) and also to seek copy of the same.
Rajendra K Goyal
(Expert) 02 September 2020
Your aunt was unmarried, she was having property.
You and your sister lodge claim with the society being the legal heir of the property.
Move to court for appropriate orders.
Pray for interim orders to get the rent deposited in the court till decision.
P. Venu
(Expert) 02 September 2020
To my knowledge, the property is already vested with the legal heirs of your aunt. The society has no jurisdiction as to property in the flat; their role is restricted to the membership (shareholding) in the Society.
kavksatyanarayana
(Expert) 02 September 2020
As per me, first, obtain the legal heir certificate of your aunt from the Tahsildar concerned. And also obtain a succession certificate from the court concerned. Then ask the housing society committee. Complain before the Registrar of Housing Societies/RERA. consult a local lawyer.
Sudhir Kumar, Advocate
(Expert) 03 September 2020
agreed with Mr Venu.
But what appears from his description is that he is least bothered about the WILL/nomination and rights of other legal heirs and also not concerned with succession certificate.
It appears that he has simply approached society to give him the flat. It appears that society Secretary has not chosen appropriate words to reject his claim.
It also appears that his claim is verbal only and so is their reply.
His application for succession certificate will involve notice to all successors of his aunt. He can succeed only if :-
1. either all successor (including successors of deceased successors) unanimously give NOC in his favour or do not at all respond despite reasonable notice.(miracles do happen)
2. or he can prove title to this flat by way of any Will/nomination in his name.
or else the property is divided among all successors of childless aunt.
