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Kavita prakash patil   16 November 2022

co operative

in our society, one flat had 3 owners they are mother, son and daughter in law. in last 2 yrs mother and son were expired. daughter in law gave application to society that for transfer of flat on her name. what is the society role in this case?


Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 November 2022

the society has to get succession certificate from the courts and submit to the society

Kavita prakash patil   16 November 2022

society or that flat owner have to take succession certificate?

kavksatyanarayana (subregistrar/supdt.(retired))     16 November 2022

The Flat owner................................

Dr J C Vashista (Advocate)     17 November 2022

The society has no authority or role in transfer of flat in the name of surviving owner i.e.., Daughter in-law in the instant case, she becomes absolute owner after recording mutation in municipal records, if there is no other successor of deceased (mother and son).

Society shall transfer membership in the name of said DIL on the basis of mutation. 

Kavita prakash patil   18 November 2022

thank you for the advice

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 November 2022

If the Society is in Maharashtra, the Society is in the owner of the entire building in Municipal records and the Society pays the property taxes to the Municipality and collects from the members. Hence mutation by a flat owner is not possible. The one or those who claim ownership of the flat will have to obtain succession certificate with regard to the ownerships of the mother and son. The daughter-in-law will have her own share. If the Society is in Maharashtra and if I were the Secretary of the Society, I will admit the daughter-in-law as a provisional member and make her liable to pay all the periodic dues to the Society. Other claimants, if any, can stake their claims in due course. If the daughter-in-law was the main member and the mother and son were associate members, then I would just delete the names of the associate members on receiving their death certificates. If there are other claimants, it is for them to stake their claims. The question of ownership of the flat will come only if and when the owner tries to alienate his or her claim or when there is a dispute.

1 Like

Dilipkumar (Retired)     24 November 2022

if she has to get succession cert. for society to transfer the flat in her name , what is the purpose of nomination?

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