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Sameer More   23 November 2021

Legal heir

My father deceased without making any legal heirs as nominee. As per the Bye-law no 35 my mother submitted 

1. Form number 17 which is Application for membership by the heir of deceased member of the society.

2. Affidavit by legal heir (given by myself as son, sister and my mother)

3. Indemnity bond ( form no 19)

4. The form of undertaking to be furnished by the legal heir to use the purpose for which it's allotted. 

The above documents were attached with DC of my father, share certificate of society, Aadhar and Pan card of mother.

Now society has added my mother as provisional member only. As per them my mother cannot sell, rent or mortgage the said property. 

My question is what's the process or correct way to become absolute member of the society. So that she can sell, rent or mortgage the said flat. 

 



 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 November 2021

It is deemed that the property is your father's own and hence your mother, you, and your sister have equal rights over the property.  If you wish to transfer the property in your mother's name then your sister and you shall execute a relinquishment deed/release deed.  And your mother will become sole owner of the property and she has right to do as she wishes.

Kevin Moses Paul   25 November 2021

As per your concern let me inform you that the reason why the society has not provided your mother with rights to sell, rent or mortgage the flat is because after the death of your father all his legal heirs (i.e. your mother, your sister and you) have equal rights over the property (i.e. each of you have 1/3rd share in the flat) which means you all have become the co-owners of the property.

Henceforth, for the selling, renting or mortgaging the consent of all the co-owners is requisite and this is the reason why the society hasn't provided your mother with performing such rights all by herself as of now. However, in case you wish to provide your mother with such rights, you and your sister may execute a relinquishment deed in favour of your mother.

Hope you understand the concept!


Regards,
Kevin M. Paul

Sameer More   27 November 2021

Is release deed is sufficient?


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