cpc

redevelopment of the society


Sir I am staying 40 years old co ho so with mother and the flat is in my mothers name which is inherited by her from my father. I have two married sisters.  Now since the society is going for redevelopment my sisters are staking their claim on the  block .At present the flat is in my mothers name so the society is asking her to give NOC for redevelopment . Since my mother is 90 years old and redevelopment is taking 3 years in case something happens to my mother the flat will be devided among three of us. At present  I am staying with my mother .  I have question at the time of possession of new flat to whom the society will handover possession. I have HP gas connection in the flat and some furniture I have POA for hiring flat on L/L signed by my sisters as witness. I don't want my name in share certificate but actual possession is essentialy I required otherwise I will be thrown out of my flat which I have paid lakhs of rs. for development fund  and repairing work of block. I don't want and can not denoy my sister's right but I want possession in my hand. Since the R.D. is recent development So. members are not able to guide me in the matter.

I solicitely request the experts what I have to do  to retain the flat in my name. I will be greatful to expert for their valuable advise to me

 
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subregistrar/supdt.(retired)

A RELINQUISHMENT/RELEASE DEED MAY BE GOT PREPARED AND YOUR SISTERS SHALL EXECUTE RELINQUISHMENT/RELEASE DEED IN YOUR FAVOUR BY TAKING SOME AMOUNT FOR THAT ON MUTUAL UNDERSTANDING.  OR IF THEY WISH TO GIFT THE PROPERTY OF THEIR SHARE THEY MAY DO SO. 

IT IS ONLY A SUGGESTIION.

 
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Scientist/Engineer

To whom does your mother want the flat  go after her death? Is it to you only, your sisters or all of you? You are saying that your mother inherited the flat from your father. Was it by nomination or by will? From whom does the Society want NOC, your mother only or also all her children? How are your sisters staking claim for the block? Have they written letters to the Society? If so, what is the basis of their claim as stated in their letters? Now my opinion given below is subject to your answers to the above questions.

Your mother can very well give NOC to the Society? Her rights cannot be questioned. Her rights are on her interests in the capital and property of the Society. After redevelopment she will have the same rights on the resulting property after the redevelopment subject to the terms of redevelopment. If she dies in the meantime, the Society can safely transfer the property to the nominee, if she had filed nomination. No one can stop the Society from that. Her legal heirs can claim their shares from the nominee. But until the heirs succeed, the property will remain with the nominee only and the Society can directly deal with him without reference to the other claimants, if any.

How many years is it after your father's death? Other than the flat, has she inherited any other property from your father? Is she getting a family pension after your father's death? Are you staying in the same house as your mother ever since your father's death? How are the living expenses of your mother met? Are you meeting the expenses? Have you got record of all amount you have spent on the flat and for the redevelopment? Are you paying the monthly or quarterly maintenance charges to the Society yourself?  You should maintain a meticulous account of all these supported by record of bank transfers.

In case your mother wants to give the flat to you only she can write a Will in your favour. In the Will she must give full justification for bequeathing the property to you only. She can mention the expenditures met by you as full or partial justification. If she is not able to understand what is written in the Will, have a neutral well-wisher explain things to her. She should also write that the Will was explained to her by so and so. He or she should sign also as a witness. There should be at least two witnesses. Registration of the Will is not essential. But it is good to register it, if possible.

Everything said and done, if your mother gives your name as her sole nominee, your case is more than half done. It will be an uphill task for anyone else to claim from you.

 
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Hello everyone,

My relative stays in a housing society in Mumbai to be redeveloped by Godrej.

The Managing committee there is not supporting the majority aged members and is pressurising the members at the behest of the builder Godrej.

http://www.change.org/en-IN/petitions/help-the-members-obtain-their-legitimate-rights-in-redevelopment-of-housing-society-in-ghatkopar-mumbai-by-godrej

Is there a way to help them ? They have now requested public help using online petition before it is too late.

Will only the petition help, or should they go legal ?

 
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Scientist/Engineer

@Mr. Rajesh

Probably you can contact the following and find out:

Dilip Shah  & Associates

Senior Counselors and Analysts for Redevelopment of Housing Societies

www.redevelopmentofhousingsocieties.com

dilip7shah@gmail.com

 

9819825752, 3241153

 
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