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Transfer of flat in a chs in mumbai

(Querist) 13 May 2024 This query is : Resolved 
Two current committee members got the property transferred in their name from previous committee by submitting NOC from their siblings. Don't know if nominee was declared. No advertisement was published in any newspaper.

Now when they are in the committee they want a succession certificate to transfer flat.

Can their transfer be questioned and membership cancelled and asked to resign. One of them is the current chairman.

How can we verify what documents were provided for their transfer
T. Kalaiselvan, Advocate (Expert) 13 May 2024
As a member you have the right to get the details clarified that whether they adopted the proper procedure of law for this transfer.
You can either put this subject as an agenda to be discussed in the general or extra meeting of the society that may be called at the instance of members requesting for one or you may give a complaint to the deputy registrar about this irregularity and seek a probe into this fraud.
You may gather support of like minded members for all such practical matters.
P. Venu (Expert) 13 May 2024
What do you mean by "Two current committee members got the property transferred in their name from previous committee by submitting NOC from their siblings." Please post the material facts.

Amit (Querist) 13 May 2024
Both committee members have a sister each. They got a noc from the sister and got flat transferred in their name. No newspaper advertisement, no will either

Now when there are committee members a co owner has a unregistered will of his ather and is the only son they are not transferring and asking him to probate the will or to get a succession certificate.
kavksatyanarayana (Expert) 13 May 2024
Both the committee members got NOC from their sisters but their sisters shall execute a release deed or gift deed in their favor. A co-owner has an unregistered will of his father, his father now is alive or not? Are there any other legal heirs to him?
T. Kalaiselvan, Advocate (Expert) 13 May 2024
Your post lacks clarity, neither you are able to explain the details properly despite posting additional information in your subsequent post.
You may better consult a local advocate and get the issues properly clarified.
Amit (Querist) 14 May 2024
Case 1
Father owner of property. Legal heirs 2 sisters. One sister who is abroad gave noc. Flat transferred. She is now a committee member.

Case 2
Mother owner of property. Legal heirs brother and sister. Sister gave noc. Flat transferred. He is now the chairman.

Case 3
Father and son co owner. Father died with unregistered will. Legal heirs mother and son. Mother gave noc and also executed release deed. Society insisting on will probated or succession certificate. Flat not transferred by saying what previous committee did they don't care. We will do what is legally correct. Flat not transferred.
T. Kalaiselvan, Advocate (Expert) 14 May 2024
If the release deed relinquishing her rights in the property was executed by the mother vie a registered deed, then it clearly indicates that the son, who is the only other legal heir to the deceased is the absolute owner.
However a legal heirship certificate from revenue department may be obtained a copy of the same may be attached along with the copy of the release deed, copy of the Will and copy of the death certificate and other identity documents of both the legal heirs along with the application for transfer of share certificate in the name of the son may be submitted and obtain the reasons for refusing the same in writing after which you can take legal action agaisnt the association as per law.
The association president or secretary cannot introduce their own laws in this subject.
They have to adhere to the prevailing laws of the land.
Amit (Querist) 14 May 2024
Can they be asked to resign as their membership is in question
T. Kalaiselvan, Advocate (Expert) 14 May 2024
A meeting of the association is to be conducted with an agenda to question the maintainability of their post as their membership is under cloud and a decision by the association by a resolution passed by majority members will become the law after which a representation can be submitted to the deputy registrar to remove them from the posts they are holding and appoint an ad hoc committee besides cancelling their membership and nullify their share certificate.
P. Venu (Expert) 14 May 2024
To my understanding, transfer/inheritance/succession of rights, title and interest in property is not within the competence of the CHS or its Committee. Your query is based on misconceptions as to the membership in the CHS vis-a-vis ownership rights in apartments of the CHS.
Amit (Querist) 14 May 2024
Thank you for the replies
T. Kalaiselvan, Advocate (Expert) 16 May 2024
You are welcome.

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