death person share tranfer no will no nomination

respected sir
hallo i am manish from pune i read many post from you on legal advice on lowersforum website
i need our advice for society serious matter following are detail case
i am new secretery in our housing society
one case come to mc for share trasfer as follows
original member died 6 month back no nomination form filled no will no power of aterny to any one lost original share certy and alllotment letter given by society ,
having 3 son out of them 1st died 10 years back having family and right know live to another place
2 son live upto may 10th 2010 ,
2 son demand for father share & allotment letter
society said duplicate share cab be issue but not allotment letter
after apllication on 100rs stamp society issue duplicate share no name of dead person and given noc to trasfer flat to his hier
on noc society mention that legal formality to be complted by them
but 2 son sold flat to 3rd person without informing society they made agreement and paid stamp duty
but 2 son not trasfer share on there name & also property tax form father name to there name they not do any legal formality for that
know they force on society to trasfer share on 3rd person directly from dead member
society get objection that why not first trasfer to one of them son and become member fo society and then sale flat but 3rd person said let it go and trasfer to my name
he trasfer his name in property tax by illlegal manner in one day only
then society issue notice to 2son and 3rd person but no reply
3rd person not paid society trasfer fee and enjoying flat passassion
then 2nd notice send no reply just forcing for trasfer of share by police ,political ,dadagiri,
society mc get dicision to cancel noc for 2son and send notice to them and said to produce sucssesion certificate
now pls pls give me legal advice what to do with this matter
how to trasfer flat of death member who not made will nomination or power of atrny and sale to 3rd person directly.


practicing advocate

It is the duty of the legal heirs to go for partition.  All the legal heirs have got equal share in the property.



The society is at liberty to proceed in accordance with the bylaws.Any arrangement done without the knowledge of the society is illegal and the society can evict the unauthorised occupant form the premises and take possession.


how to trasfer flat in cooperative housing society a  death member who not made will nomination or power of atrny

legal procedure to fallow by son of death member




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum


  LAWyersclubindia Menu

Complete Hindu Laws Course     |    x