Transfer of owner ship of a flat

Kalpesh Badiani (Querist) 29 January 2013 This query is : Resolved
Dear Sir , my mother is the co -owner of a flat with my sister as first owner , i hv also invested in that flat but hv no evidence , now my sister wants to transfer the flat totally in her name and wants my NOC so pls let me now can i claim in that flat or what are my rights

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ajay sethi (Expert) 29 January 2013
your mother is co owner of the flat . your sister dosent need your NOC if your mother is alive .

R.K Nanda (Expert) 29 January 2013
agree with Sethi.

Kalpesh Badiani (Querist) 29 January 2013
Thanks all for the immediate response, can u pls guide can i claim any of my rights if my mother do not transfer her share to my sister in her presence and if she makes a will in her favour in her absence

ajay sethi (Expert) 29 January 2013
your mother has full powers to bequeath her share to whom soever she desires . if she dies without leaving any will you along with your sster would inherit her share

Kalpesh Badiani (Querist) 30 January 2013
thanks sir, but can i atleast have any right to instruct the society to inform me , if my sister transfer the flat 100 % in her name and tries to sell the property. OR can i challenge my mother's decision in court of law or if there is any will can that be challenged in court of law after my mother , as she is not able to read or understand and may sign any paper without knowing what it is for.

ajay sethi (Expert) 30 January 2013
why should society inform you ? the flat belongs as on date to your mother and sister . they can sell it if they want .

the issue whether you cna challnge the will or gift deed woiuld arise only after it is executed by your mother . whether she was of sound mind ? whether and force or undue influnce used?

Kalpesh Badiani (Querist) 05 February 2013
Sir, i just wanted to know whether a CHS can issue the original share certificate to an owner who has not done the registration of the flat and is ready to pay the stamp duty as he wants the Certi to resale his flat, any bye laws or notification no. available will be appreciated

ajay sethi (Expert) 05 February 2013
for resale of flat registration is optional . not mandatory .

Kalpesh Badiani (Querist) 05 February 2013
but sir can the society issue the share certificate to the owner who has not register the flat

ajay sethi (Expert) 05 February 2013
agreement with builder must have been regd . society issues share certifcate to members who had bought flat from builder or on resale basis from seller