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Dhiraj Solanki   28 July 2023

Court fees and important case matter

One of my relative who is around 70 years old is living in a Flat in Mumbai since last 38-40 years and regularly paying all the society dues. He is also a nominee of the Flat as well an associate member in the flat, however in the share certificate only the owner’s name is mentioned and not of the occupying Associate member. (It looks like the society must have passed a resolution in concerned committee member/AGM meeting but have not recorded the same in share certificate)

The flat owner had made him(relative) an associate member few years ago maybe (15-18 years ago) because the society was planning to go in redevelopment so that he can sign all the documents on owner's behalf, give permission and do all the other formalities as and when required or asked by the society.

This matter of redevelopment has been going on since last 12-15 years and everytime some or other issues arises and the redevelopment is still hanging and various committees have formed, disputes taking place, legal fight with builders etc. so far there is no result and the matter of redevelopment is still hanging and lying in hope, also the conditions of the society building is worsening day by day.

The flat is owned by his younger NRI brother who passed in April 2020 due to COVID. Both of these brothers are single, unmarried and do not have any family.  They do have another elder brother who stays abroad.

Now there are only 2 legal heirs of the Flat, one the relative who is occupying and nominee of the Flat and his surviving elder brother residing abroad. Both of these brothers are in good terms and the elder brother has happily agreed to part away with his share and give to his younger brother who is already staying in the Flat as his financial condition is not good.


In August 2020 the relative occupying the Flat submitted an application for transfer of Flat to his name with all the paperwork such as, indemnity bond, copy of DC of owner of Flat, copy of nominee form, copy of share certificate, PAN card copy, Aadhar card copy, NOC of elder brother, Appendix - 3 undertaking, Appendix 15 and a new nomination form of incoming nominee member. (These all papers & drafts were prepared after consulting a lawyer).


However, to the huge astonishment, the society has as on date not actioned the matter, nor given any written response even after sending repeated reminders. The matter has been hanging for more than 3 years now, there is not a single reply nor any sort of communication received from the society. The matter has also never been discussed in any AGM or in any managing committee meetings and there is a frequent change in the society's managing committee and no-one is ready to listen or take a call in this matter and the only issue which society thinks fit to discuss is the redevelopment and leaving everything else aside.

From the above stated facts, it looks like future litigation is inevitable. Hence please if someone can provide a detailed response to the following questions.


  1. Can we write to the registrar of the society with copies of entire correspondence and documents submitted. What action can the registrar take after receiving this complaint and copies of all documents submitted to society etc.


  1. Can the registrar authorise the transmission of the Flat in favour of applicant or can he instruct the whatsoever existing managing committee of the society to execute the transmission of flat and register the new incoming nominee member. If so, then in how many days does the society need to take the relevant action and respond to the occupier and society.


  1. If the occupier was to apply for succession certificate, can he file the petition himself and what will be the court fees payable – Does he have to pay 75,000 rupees court fees OR “AS PER VALUE OF THE SHARE IN SOCIETY AS PER TESTAMENTARY PETITION NO.595 OF 2005 - YALLAPRAGADA MANJULATA RAO”


  1. Does the succession certificate have a validity?


  1. Already 3 years have lapsed so if the occupier applies for succession certificate, is there a special procedure or any extra document required to be prepared while filing the petition of succession certificate because the guidelines states that succession certificate needs to be applied within 3 years from the death of deceased owner.


  1. After obtaining the succession certificate, what needs to be done – namely:

Do we have to submit a copy of succession certificate to society and in how many days the society have to transfer the flat. Can the society raise any objection to the transfer despite receiving succession certificate.


  1. Can we send the copy of succession certificate to the registrar of co-operative housing society and ask them to supervise and instruct the transmission of flat.


  1. What to do if the society even after receiving succession certificate does not take any action nor transfer the flat nor does any communication.



  1. What is the best course of action in this matter.











There is another person who is the eldest brother living abroad.


 7 Replies

anubhav Bhatt   29 July 2023

Dear Client, Yes, first you should apply for the Sucssession Certificate or Letter of Administration via Court, then take the next step for transmission or transfer of the said disputed flat before the concerned department if need more clarification you may contact us then I'll explain properly about your case.
Adv Anurag Bhatt
High Court
Mobile 📱 9198889990.

Dhiraj Solanki   29 July 2023

Thank you for your reply, however please if you can reply to my question no 3,4,5,6 and 8 it would be really helpful

anubhav Bhatt   29 July 2023

Point 3 that fees have proper slab so as per that it will decide but as per our concern approx 7% of the value of Assets.
Point 4  will regulate the limitation periods pertaining to proceedings under Succession Act. Article 137 of the Limitation Act will apply in your case and the period of limitation for filing a letter of administration is three years.
Point No 5 file with delay condonation Application.
Point No 8 approach Registrar for that purpose, and if they denied, then approach Court to file writ petition under Article 226 of the Constitution of India.

Dhiraj Solanki   29 July 2023

Thank you sir for your quick reply, regarding fees does the case of YALLAPRAGADA MANJULATA RAO won't apply- I mean court fees AS PER VALUE OF THE SHARE IN SOCIETY and not according to percentage of value of Flat.

anubhav Bhatt   29 July 2023

You may contact us then I'll explain properly about your case.

T. Kalaiselvan, Advocate (Advocate)     30 July 2023

nomination is an instruction given to the society as to how the relevant member's shares should be transferred upon his death. The same assumes significance for estate planning purposes as well. A nominee can be any person and may not necessarily be the legal heir of the member.1

The purpose of nomination is to protect the rights of the deceased member in the subject matter of nomination till the legal representatives of the deceased take appropriate steps and to give a valid discharge to the society

Therefore being a nominee you cannot claim the title to the property.

In order to get the property transferred to your name, you have to first obtain legal heirship certificate in respect of the legal heirs of the deceased to succeed to the estates left behind by the deceased upon his intestate death.

Next the other legal heirs have to execute a registered release deed relinquishing their rights in the property.

After that you have to get the property mutated to your name.

Then with the copies of the mutation record, death certificate and the legal heirship certificate you can apply for transfer of share certificate to your name.

Please remember that the share certificate is not a title document

By a succession certificate you cannot inherit the property.

Therefore all your questions have an anser through the above opinions.



Dr. J C Vashista (Advocate )     30 July 2023

Nominee is just a care-taker of property for and on behalf of its titleholder(s), who may or may not have title, claim or interest in the property left behind by deceased.

Court fees and stamp duty is a State subject which differ from one State to another and it would attract the rate of Court Fees / Stamp Duty of the State where property is located.

It would be better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding. 

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