Society not transferring the sra flat to widow.

Dinar Thavi (Querist) 02 November 2022 This query is : Resolved
Respected Sir,
With reference to above subject, kindly note that the husband of the widow is passed away on 25.11.2022, in Mumbai After a written request to Housing Society by the widow to transfer the entitlement of flat from her deceased husband to her name, the governing body expressed their incapacity of doing so for want of special order conferring them the power to carry necessary procedure to transfer the ownership of flat from her deceased husband to her. When MHADA SRA office bearer said that it is to be done at society level and no special letter instructing society to carry out transfer is possible. They had given the reference of MHADA circular No.152 issued at 5th June 2015. As per the plain reading of the circular what can be understood is that the husband and wife are naturally join owner of MHADA SRA flat even if Husband's name only appears in Annexure 2 of MHADA SRA Allotment Letter. Please advice what step to be taken to move the society Governing Council to transfer the flat from Deceased husband to Widow? Thanks
Should Children of the widow make any disclaimer on bond paper?
Please advice.
Dinar Thavi ( Son of the widow)
askdinar@gmail.com

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Quick Summary

A widow is facing difficulties transferring her deceased husband's SRA flat into her name, as the housing society claims they lack the authority without a special order. The MHADA SRA office has directed the matter to the society level, referencing a circular that suggests spouses are joint owners even if only the husband's name appears on the allotment. The advice given is to have children execute a registered relinquishment deed in favour of the mother, and if the society still refuses, to complain to the Deputy Registrar of Cooperative Housing Societies and RERA. Engaging a local lawyer is also recommended for guidance.

kavksatyanarayana (Expert) 03 November 2022
You and your other siblings have to give a registered relinquishment deed in favour of your mother or all the legal heirs in favor of one of the legal heirs. Even though society objects to complaints to the Dy.Registrar of Coop. housing societies of your district and RERA also.

Dr J C Vashista (Expert) 07 November 2022
Society has no authority to transfer title (ownership) of the flat in favour of legal representatives of deceased, which has to devolve as per personal laws of succession.
It is advisable to consult and engage a local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceedings.

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