Delay in shre tramsfer
Querist :
Anonymous
(Querist) 16 August 2011
This query is : Resolved
Father(F) passed away in interstate form. As per nomination form the flat was trsnafered to his wife(W). F has a son (S) from his first wife and one daughter (D) from his second wife. W has gifted the flat to her daughter. Now D made an application to the M.C. of the socitey for share transfer. The MC has not trsfd the shares as they have received an objection from S.It was only after completion of 90 days the MC has asked the D to obtain a NOC from S. On their letter I wrote back to them and had asked them to trsf the share within 15 days which they have still not done. In the AGm it was decided the MC should write to the federation seeking an advice. As per Bye lwas of the Society if the MC does not respond to the applicant in writing with 3mths/90 days it is presumed that the application has been accepted.
My questions are;
1 . Due to delay in MC's revert have I become a deemed member of the society ?
2. I am planning to go the Deputy Registrar under Sec 22. How long wld it take for the registrar to pass an order for share trsf?
3. I was given to understand that the Federation is limited to Co.Op laws only, will they be able to revert on Succession laws too in my case?
Request for an immediate reply.
ajay sethi
(Expert) 16 August 2011
1)if society has transferred flat in name of wife she is only a trustee .
2) F did not leave behing a will . S has also interest in property .
3) when flat was transferred in name of wife did S furnish any relinquishment deed or give anything in writing wherein he relinquished his share .
4)in the absence of any such documents wife does not have the power to bequesth flat in name of daughter .
5)federation is apex body governing all societies . the society has taken wise decision to obtain written opinion of federation
