Transfer of flat of deceased mother

When your grand mother is died intestate everybody i mean his sons and daughters and husband have got equal share in the property.

Thankyou sir for your comments.

Further, can the society carry out the redevelopment process before the dispute been settled. If yes, then who shall be the owner thereafter.

soceity will go for redevelopment and if you go to court for the settlement of the property to whom it should be given after the result the soceity will pay to the person on whom the court verdict is given 

better option is to sell the flat and share among you father and aunt 

Thankyou sir for your comments. I have few other queries.

1. My aunt is neiher coating any amount nor signing the bond. Also she is not paying us the money and taking away the flat. Could you then please suggest me the base for calculating the amount to be paid to her or is it only the judgement of the court that can fix the settlement amount ?

2. Even after paying the amount if she doesn't signs the reqiured documents. How can we enforce the things on her legally?

3. How long could the legal process take?

1. My aunt is neiher coating any amount nor signing the bond. Also she is not paying us the money and taking away the flat. Could you then please suggest me the base for calculating the amount to be paid to her or is it only the judgement of the court that can fix the settlement amount ?

if she is not quoting the amount then file a civil suit and request that you will be paying a amoutn for compromise and to consider the said offer by your aunt through court maybe it takes some time but if you go thorugh court there will be no problem in future 

 

2. Even after paying the amount if she doesn't signs the reqiured documents. How can we enforce the things on her legally?

pay through Demand draft in the court and she will sing before the judge if order comes in favour of you

 

3. How long could the legal process take?

cannot tell in first instance if your lawyer is good or it will take some time

Thanks a lot Sir. Your comments have thrown a lot of clarity on the situation.

I discussed the samething with the society chairman. He said that - let the redevelopment process happen. The flat after redevelopment will have the name of my father on share certificate as a trustee/authorised representative. Even we will be able to stay in the flat as we are staying now with my grandmother's name on the name plate. The things will only be troublesome at the point we wish to sell this flat or at the time if my aunt takes this matter in civil court.

Please guide me whether if i proceed as per his suggestion wil i be in any other trouble other than those as discussed by the chairman above.

You have not stated in which State are you. I answer your post assuming that you are in Maharashtra. The legal position is like this. If your father is the sole nominee of your grandmother, under byelaw No.36 of the Model Byelaws, the Society could have straightaway transferred the flat to the name of your father on his completing the necessary formalities without referring to other possible claimants. Under the law a nominee need not be the natural heir and a nomination is not a bequest either. Nomination only means that the Society (or a Bank or an Insurance company) can transfer the assets to the nominee without asking any questions. If the heirs of the deceased have a claim, they can claim from the nominee. In other words the balance of convenience is with the nominee. If the Society had transferred the flat to your father, he could have gone with whatever was necessary for the redevelopment on his own. If his siblings disputed the claim they could have gone to the court or otherwise settled their claims with your father. Your Society has unnecessarily complicated matters by not transferring the flat to your father's name. When your grandmother filed the nomination, she may had been under the impression that she had bequeathed her property to your father or she may have had the confidence that your father would be fair to her other children. If the ownership is held in balance during the redevelopment period pending decision by the court, in favor of whomsoever the court decision may be, the beneficiary will get the benefits in cash only and not in kind like the rights for a brand new flat. If I were the Secretary of your Society, I would have straightaway transferred the flat to the name of the nominee.

Thank you sir.

With the help of your comments i was able to through light on the bylaws of maharastra. I discussed the same with society members, so they agreed to transfer the flat i.e. the share certificate in the name of my father. But I have further queries:

1. Is the society transfering the flat as considering my father as legal owner or as trustee of the deseased person.
2. In either of the case, do I have to prepare a new agreement in the name of my father?
3. And in either case do i have to pay stamp duty and notery the same?
4. Or due to blood relation i have an exemption for payment of stamp duty, etc.

please guide me if there will be any problem in tranfer if its as trustee and provide me with guidelines required for above queries.

Once again thank you for your comments.