Querry on housing society.
P V Jayaprakash
(Querist) 10 November 2011
This query is : Resolved
Our Hsg society got our building reconstructed and we re-occupied in April 2009. Some of the members had added associate members before reconstruction and the previous committee had written down the names of associate members on the share certificate, mentioning “associate member” in some cases, and not mentioning in some cases. However, the new agreement (duly registered and stamp duty paid) done with the builder for new flats shows the original owner and the associate member.
Is this in order?
We have a specific case which has come to us.
One of the flats, was transferred to a widow when her husband died. She has four sons. However, just before reconstruction, she added one of her daughter-in-law as an associate member. Her name was added by the previous committee in the share cert without mentioning “associate member”. In the current agreement made with the builder for the new flat (after reconstruction) between the original owner( the widow, who is in fact, the care taker) and the associate member. To a person who do not know the background, the agreement (duly registered and stamp duty paid) shows the care taker and her daughter-in-law as the owners.
Now the widow wants the 100% shares(transfer of the flat) to be transferred to the daughter-in-law. The new committee has asked for time to decide on the matter and meanwhile asked the widow to get NOCs from all four sons.
1. Can we transfer the flat once we get the NOCs?
2. If so, will the agreement need to be registered and stamp duty paid again?
prabhakar singh
(Expert) 10 November 2011
Your query is specially passed on to Mr. Sethi for his advise.
ajay sethi
(Expert) 10 November 2011
1)you have stated that on death of her husband flat was transferred in name of widow . was she the nominee? did her sons give NOc at that time?or was the transfer on account of will left by husband ?
2)if flat transferred on basis of nomination in name of widow she is a trustee and other legal heirs can claim share .
3)she has added name of daughter in law as associate member and as per agreement the widow along with her daughter in law are shown as owners of flat .
4)whether any objection was raised by any of the sonsto the said agreement?
5)the society has taken right step in asking widow to obtain NOc from her 4 sons .
6)on receipt of NOC ask the said lady to have gift deed prepared fr transfer the share in flat . the said deed must be duly stamped and regsitered .
P V Jayaprakash
(Querist) 10 November 2011
Dear Mr.Sethi,
Thanks for the prompt response. The records have to be cheked thoroughly to verify the details. I will get back to you.
Meanwhile please answer my first qery whether writing the name of associate member on share certificate is in order and whether sale deed witha trustee and an associate member is in order.
In the case of reconstruction, the builder handles the agreement of new flats and society gets the documents much later.
ajay sethi
(Expert) 10 November 2011
please chesk the records of the society
an application can be made to society for adding an associate member . application has to be placed before Managing Committee/AGM and society can on approval add an associate member .
Associate membership in a housing society will .NOT. give any "title-ownership rights", to the said member of the family. Associate membership is just simply a lawful "representative" in the society and he is only authorised to represent the first registered member, in the society matters only.
