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Amit Boob   23 June 2019

Transferring a flat by gift deed from grandmother - grandson

Our Residential Flat was in the Joint Name of my Grand Father & Grand Mother. My Grand Father Expired & his 50% rights was in the name of my Grand Mother & Legal Heirs (My Father & Aunts). The Society transerred the Ownership of the Flat in the single name of the Grand Mother in the Share Certificate. Thereafter, my Grand Mother gifted the property in the name of Grand Son (Myself) via Registerred Gift Deed. The Society was asking for an NOC (Relinquishing their share of the property) from the Legal heirs duly Notarized which was also done. After submitting the relevant documents (Gift Deed, NOC as stated above as required for Transferring the membership) along with the copy of Gift deed to the Secretary, the secretary / MC says that the Photo of the Legal heirs are also required, which was also done. Now the Society again says that they want Self attested Aadhar Card, Signature on the Photo attached in the NOC & physical presence is required as per the Law. 

My Question is under which law / Act the society is bound to ask for the Self attested Aadhar Card & the requirement of Physical presence in respect of Relinquishment of their Share in favor of Grand Mother when the NOC duly notarised is already submitted to the Society.



 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 June 2019

Dear querist, if there is any clause in the society byelaws regarding Aadhaar Card and presence of legal heirs, then you have to give them as required.  Otherwise not necessary.  To me, in most of the byelaws no committee include such clause.

Amit Boob   24 June 2019

Thanks for your prompt response. But is there any provision in the Society Bye Laws that mandatory Physical presence is required of the Legal heirs in front of the managing Committe of the Society. Is it that the Managin Committe of the Society is just doing the delay tactics... I presume that the Society is not a government body which can ask such details. Also when the Self attested Aadhaar Card is submiited on request from the society then why Physical presence is required.

P. Venu (Advocate)     06 July 2019

The society is overreaching.

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