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Om   21 September 2015

Transfer of share certificate

Hello Sir,

My Mother had a flat in a society, she passed away 2 years ago(Aug 2013), after her there were three heirs for property 

1)Me 
2)My brother. 
3)My Father. 

My mother had not done any nomination before passing away.

We all three heirs decided to transfer that flat in my name mutually, so my brother and my father gave a notarised "No Obection Certificate". I submited application for flat to be transfered in my name along with both "No Obection Certificate", My brother was also along with me during application process to society. Society secratery accepted application and gave us ackwnoledgement for same(Jan 2014). Society commitee is now non functional, commitee is not changed for long time and current office bearers are not interested in work. There was no advancement in work and flat is still not transfered. meanwhile my brother passed away due to illness. I want to submit fresh application, His death certificate and Sister-in-laws(Brothers wife) NOC for transfer. but no one in society office are accepting it.

My question is as follows

1) what do i do in this case? can I approach Office of Registrar and file a complaint?
2) Flat was given on rent to a family friend by my mother, now since she has passed away, can I make a leave and licence aggreement with them since i have submitted share transfer application which is accepted by society and now there is no action on it. 
3) Do i need to ask tenent to leave flat? if i cant make agreement?
  
Please help with answers, Thanking you in Anticipation
 



Learning

 5 Replies

Kumar Doab (FIN)     21 September 2015

Approach registrar's office and request that society office bearers should act.

Inquire procedure as per society rules and complet and submit all requisite forms and documents.

If nothing works take help of local lawyer.

 

 

1 Like

Om   21 September 2015

Thanks for reply Sir.

can I make a leave and licence aggreement with tenant since i have submitted share transfer application form to society and they have accepted it society and but no action from Society.? 

Kumar Doab (FIN)     21 September 2015

This is with limited understanding of the matter.

Until or unless you attain power to do so, you can't.

You seem to have no power as on date.

Your lawyer that has examined all docs on record can advise you the best.

Consult your counsel in person with all docs.

Om   21 September 2015

Hello Kumar Sir,

I have notarised "No Obection Certificate" from My Father, Brother(Passed away) and Sister-in-law. I have signed indeminity Bond on Stamp paper. There is no objection from my family members. Our Counsel has already said since i have submited application and society has not acted upon it. I can make an agreement. It will be helpfull if you can confirm.

Thanks

 

 

Kumar Doab (FIN)     21 September 2015

Notary can not award any power to you.

I can't confirm.

 

You have obtained legal opinion from your lawyer.

It is reiterated that your lawyer that has examined all docs on record can advise you the best.

 

You can also access Expert 'Mr.Hemant Agrawal...................Keep Smiling.'

 

He advises on matters pertaining to societies in Mumbai.

 


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