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arun sawant (ao)     13 November 2011

Transfer of membership

my mother expired on 01.05.2011. the flat was in her name and we two brothers were the joint nominees of the flat. my younger brother was the first nominee and myself the second nominee both for equal 50 percent share.

 

at the expiry of 6 months, the society transferred the membership in favour of my brother and noted both the names on the share certificate. no intimation was given to me. my brother had submitted the requisite forms on his own to the society without my signature and the society says that as 6 months have elapsed, we have transferred the property in my brother's name. 

 

is the society's action correct. also can the sue the society secretary in court. how can i fight the society.



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 November 2011

It is wrong act of the society.  Just given an appliction to the society to enter your name 50% property , if not file a suit for partition against your brother.  You cannot file a suit against society.

arun sawant (ao)     14 November 2011

if the society is wrong on its part is the transfer of membership valid. they have entered both the names of us on the share certificate.

Bharatkumar (ADVOCATE )     14 November 2011

U give a application in Society for enter your name and then u take a resolution from society.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     14 November 2011

Arun,

nomination  is only a a care taker: to enable society to get mtn, communicate etc.

Nominee is not a owner of Flat.

U can claim ur share, send legal notice to soc  not to allow to sell or transfer the property.

Register ur objection , All legal heirs have equal right over the property of intestate deceased , irrespective of their nomination or not ! . 


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