Manoj Singh 03 January 2020

Cidco property transfer for legal heirship

Sir, I a have property in Kamothe, panvel, Navi Mumbai. The property was in name of my dad who passed away in 2011. I applied for legal heirship certificate from panvel court and have received the court order. I require society NOC for making the CIDCO Transfer. But my society is not providing me NOC and delaying my written request by 3 weeks Now they came up with a new reason that As it a first case in society hence they want to consult an advocate and what ever the advocate charges will have to be paid by me. Is it correct sir Kindly let me know the exact rule. Regards Manoj Singh

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Quick Summary

This discussion addresses the process of transferring a CIDCO property to a legal heir when the original owner has passed away. The original poster is facing difficulties obtaining a No Objection Certificate (NOC) from their housing society for the transfer, despite having a court order for legal heirship. Another user clarifies that a 'legal heir certificate' might not be sufficient for immovable property transfer, suggesting a 'succession certificate', 'Letter of Administration', or 'Probate' from the High Court may be necessary. The respondent also states that societies cannot charge individual members for legal consultation fees and advises escalating the issue to the Registrar of Cooperatives or the Consumer Court if the society continues to delay or impose unfair charges.

2 Replies

Nikita Parekh 03 January 2020

You can share/inbix your email adress for further communication

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 03 January 2020

1. Typically & technically a "legal heir certificate" is not a valid document for transferring a "immovable property".

2. Either a "succession certificate" or a "Letter of Administration" or a "Probate" is required from the High Court, for immovable properties in Mumbai, which alone can give a "Clear Title" in your favor.

3. Society CANNOT demand "legal fees" from invididual member and as per Model Bye Laws of society, legal fees has to be shared with all members irrespective of any reasons, whatsoever.

4. For your grievances, you can also prefer to move application for transfer before the local Registrar of Cooperatives and even to the local Consumer Court, for 100% positive results.

Keep Smiling .... Hemant Agarwal
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