1) My mother and father jointly purchased a flat in 1998.The society had only encrypted my mothers name in the share certificate. I was nominated by my parents in 2003 to look after the society affairs.in 2004 my father died.
2) In 2011 my mother aged 75yrs had executed a gift deed in my favour .Hence i had applied in the society office for their NOC, acting upon which society invited claims/objections from other legal heirs by sending letters to them . Till date society has not received any objections from other legal heirs.Thereafter several letters were written by me to the society to know the status of the said transfer. The society did not reply to any of my letters. Hence I approached the Joint Registrar(CIDCO) in December 2011.
3) The hon'ble authority called for a hearing on 15th December 2011 and asked the society committee to trasfer the shares in my favour. The committee asked the joint registrar to give this decision in writing. After paying several visits to the registrars office the decision was given in writing on 25th February 2012. The committee then asked me to fulfill some of the formalities which were:-1) Submit Indemnity bond.2)Submit CIDCOs letter.3)Give a public notice. I had complied with all the formalities except the public notice which was not required. Then after 3 months society said that the matter will be putted up in AGM for discussion and whatever decision taken in the meet will
be applied. The AGM should have been conducted in august but till date it is not conducted.
5) The society till date have not executed joint registrars order nor the registrar is taking any action on the committee.I have also given a legal notice to the registrar for execution of its order dated 25th FEBRUARY 2011. Several hearings have been
conducted but no action is taken by the joint registrar . I am physically and mentally being harrassed by the society as well as the joint registrar. I cannot understand what is hampering the joint registrar from executing its powers and doing justice.
My queries are:-
incase of the death of my father does my mother become abosolute owner?
can my mother execute a 100% gift deed in my favour?
is consent of other legal heirs required?
sir it would be very kind of you to suggest me on the above matter.
Thankyou.
