Mr X (Proprietor) 14 August 2013

Transfer of flat in co-op hsg soc.

I would like an expert opinion on my case as below.

I own a flat in co-op hsg soc in Mumbai that is in my name as primary holder and my mother as joint holder. In 2002 i transferred the the name of my mother to my wife in the presence of my mother duly signed by her. the society commitee of then of 2002 had processed the transfer by all legalities and also issued me the share certificate. So right now i do have a share certificate that clearly states, the flat is owned by me as primary holder and my wife as joint holder. However, the current society comitte has raised an objection on this transfer now in 2013 that the transfer done in 2002 was incorrect and it will be nullified. Meaning the flat shall be named after me and my mother.

Pls advice on this. If the society comitte in 2002 faulted in the transfer legalities am i suppose to bear the loss or pay for it?

What would be the possible solution for this. How should i tackle this.. Also please note that my mother is no more and she passed away in 2007.

Appreciate your assistance on the same.

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7 Replies

Advocate Rohit (Advocate) 14 August 2013

if the society had made the mistake then you are not liable for it.

has the society gave you any letter in writing???? if yes, then share the same. necessary reply needs to be sent on urgent basis.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Advocate Rohit (Advocate) 14 August 2013

if the society had made the mistake then you are not liable for it.

has the society gave you any letter in writing???? if yes, then share the same. necessary reply needs to be sent on urgent basis.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Mr X (Proprietor) 14 August 2013

Dear Rohit Sir,

Society has just appointed an AGM in the next week to make it official that this is transfer shall be termed null and void.

Society has sent a letter stating the date of AGM and agendas for the same. Out of which one point was this: To approve the admission of the new members, transfer of interest, nomination and to inform the cases of rejection of application of membership.

I had sent a letter to the society requesting them to provide me with the documents of bye laws that states this transfer is not valid. TO which they replied saying we are not paid servants. so i cannot give them any time lines. Further said that she ll put up my request in front the managing commitee and call me once the documents are ready. My concern is the AGM is on next week. IF she does not deliver the bye laws paper before that I dont know how shall i defend myself.

Mr X (Proprietor) 14 August 2013

Also even if the society has made the mistake how m I suppose to defend this. I need some bye laws backing to prove them guilty.

Kishor Mehta (CEO) 15 August 2013

Sir,

The ownership of a flat has to satisfy two criteria, [1] The ownership document duly registered & [2] The share certificate of the Co-Op HSG Soc Ltd.,

The share certificate bears the names serially as listed in the registered deed to the flat. If your society included the name of your wife in place of the name of your mother, without this change appearing in the registered deed, then it is illegal. If, however, the name of your wife already appears in the registered deed then the society can not refuse to include the name of your wife in the share certificate.

I believe this will clarify your queries.

Good Luck,

Kishor Mehta

Vicky Shah (Founder) 16 August 2013

Mr X,

Any change in name of the ownership of flat leads to registration of document as it would be illegal to do so by just writing a request letter.

Regards,

Advocate Vicky Shah

Vicky Shah (Founder) 16 August 2013

Whether society members made mistake in 2002 or now will not make any difference in the change of title. The dispute can be raised and challenged if due legal procedures are not followed.

Regards,

Vicky Shah