Transfer of flat of deseased aunty.
sham arora
(Querist) 26 July 2012
This query is : Open
sir,
this is regarding a flat in mumbai,which is owned by my late Maasi. The flat was purchased by her in 1970, She has no children from her marriage and she died abt 10 yrs ago. and,she gave a poa to my mother to maintain and lease the flat, Her will probate application was dismissed by the court as my mother was unwell and unable to attend the procedings.She(my mother) died in 2010 and the flat was vacated by the tenant in nov 2011. She had written to the society that I will be paying the maintaining and leaseing the property after her death. The soc is not allowing me to enter the flat and asking for the probate of the will which will take a long time . I have been adviced to apply to the deputy registrar and ask for entry as a "legal representative" of the deceaed and also as the only living hier ,to apply to the deputy registrar to admit me as a member and transfer the share certificate in my name under sec 23 c ! Is this a correct way of doing this ! As there are no other legal claimants of the property,can the deputy registrar pass such an order ? if yes then what is the next step ? will the soc disallow the order ? or go for appeal then what is the procedure to be followed ?
