Dear Lawyers from LawyersClubIndia,
We’re 5 siblings, I’m the youngest one. Both parents are not alive. My father had nominated his flat first in my mother’s name and thereafter in my name on society records. Also, he had prepared a Will on stamp paper which was duly notarized (and not registered), stating that the flat be transferred to my mother’s name first, and later to my name. When the Will was prepared, he was bed-ridden and on medication, suffering from paralysis. After a year, my mother passed away on health reasons, and after a few years following, my father too left for his abode.
I initially went for obtaining a district court probate, but none of the two witnesses (two building members) who signed on the Will, were ready to sign on the Application for obtaining the probate. So, the idea was dropped. Later, the society committee members in one AGM, assured me that the flat shall be transferred to my name as listed in the nomination records and also the Will, provided I obtain NOCs from all the other siblings, duly taken on stamp paper and notarized. Hence, the Indemnity Bond also was prepared and application was made for the transfer of the flat to my name, along with the necessary supporting documents.
Later, I was told by a couple of Committee members that I need to deposit Rs.10,000 as ‘Donation’ to the society towards Transfer Fee charges, and they were reluctant to give me in writing. I learnt through Internet resources that as per the bye law no.38 (sub rule 9), transfer fee (strictly, transfer premium) need not be paid for the flat being transferred to a relative or between members in the same society. The Secretary told me that this is ‘not a strict rule’ and that the committee members may levy the charges as per the forum decision in the committee meetings. I suspect ‘foul play’ and the committee members, I feel, are bent to extract as much money as possible from me to get the flat transferred to my name.
Kindly help in this regard, and provide some suggestions as to the future course of action.
