Mahada flat in mumbai

Dhananjay Korpade (Querist) 17 June 2016 This query is : Resolved
Dear Respected,

My Friend needs urgent help he cannot explain so i am trying to help him the concern is as follows.

1). They are 2 brothers and 1 sister. Mother passed away without making any will. She had a flat in MAHADA Mumbai They want to transfer that flat on his sisters name as good will.
2). Society has been formed and the mandatory 5 years you cannot sell the flat has also lapsed.
3). Mahada people asking Succession Certificate.
4). WHen they met a lawyer the lawyer said you dont need succession certificate but pay all dues to the society if any then take NOC and also Take NOC from the brothers and submitt it in MAHADA they will give NOC for transfer.
5). What is the actual rule can anyone please let me know or any notification to this effect.
5). According to them the 5 years have lapsed for not selling the flat and the society has been formed so the society has the responsibility to take care besides mahada NOC.

Regards
D'jay

Follow Query

Report Abuse

Dr J C Vashista (Expert) 18 June 2016
Execute relinquishment deed in favour of sister.
Society cannot impose such condition that the member cannot sell flat within 5 years of allotment, if so, challenge it.
Consult a local lawyer with relevant documents.

P. Venu (Expert) 18 June 2016
Yes, your lawyer is right.

Rajendra K Goyal (Expert) 18 June 2016
Succession certificate is for movable property.

Your lawyer seem to be right, however since it is procedural matter more, have second opinion and proceed.