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Dhiraj Solanki   23 July 2024

Cancellation of idemnity bond


Upon the demise of the Flat owner, the nominee of the flat filed application and submitted documents for transfer of flat on his name. One of the document was idemnity bond however it was errorneously prepared and submitted to Society, the idemnity bond contained names of two cousin sisters(who are actually not the legal heirs of deceased Flat owner).

Hence the nominee gave a letter to Society stating that the indemnity bond should be cancelled/not considered due to this error and is to be rendered null and void and requested the same to be returned to him so that he can prepare and submit fresh new Idemnity Bond.

The Society is not listening and not returning the idemnity bond, not transfering the Flat to nominee and is asking for NOC of this two cousin sisters who are not the legal heirs.

Hence what legal action or steps can the nominee take to cancel this submitted indemnity bond and get it back from the Society. What is the procedure to cancel the indemnity bond and enforce cancellation.



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2024

To cancel an already submitted indemnity bond to a society, follow these steps: 1. _Review the bond terms_: Check the indemnity bond document for any clauses related to cancellation or termination. 2. _Notify the society_: Submit a written request to the society, stating the reason for cancellation and requesting termination of the bond. 3. _Provide required documents_: Attach any required documents, such as proof of identity, address, or membership resignation. 4. _Obtain acknowledgement_: Ensure the society acknowledges your request and confirms the cancellation process. 5. _Wait for formal cancellation_: Allow the society time to process the cancellation and provide a formal confirmation. 6. _Retrieve original documents_: Collect the original indemnity bond document, if possible, or obtain a written confirmation of cancellation. Sample cancellation request letter: [Your Name] [Your Address] [City, State, Pin] [Email ID] [Date] [Society Name] [Society Address] [City, State, Pin] Subject: Cancellation of Indemnity Bond Dear [Society Representative], I, [Your Name], hereby request cancellation of the indemnity bond submitted by me on [Date] with bond number [Bond Number]. Please terminate the bond and acknowledge the cancellation. I have attached the required documents for your reference. Please confirm the cancellation and return the original bond document, if possible. Thank you for your attention to this matter. Sincerely, [Your Signature] [Your Name] Remember to keep a copy of the cancellation request and related documents for your records.

Dhiraj Solanki   23 July 2024

There are no cancellation or termination clause in the indemnity bond, it is a normal straighforward indemnity bond. The cancellation letter has already been received by the Society but they are not acting on it. i.e. not returning the original bond, not confirming cancellation and it is kept with them and not they are not giving any written reply. The conduct of the Society was also reported to the registrar of CHS but even they have not taken any action and it has been a long time.

kavksatyanarayana (subregistrar/supdt.(retired))     23 July 2024

File a case against the society in court.

Dr. J C Vashista (Advocate )     24 July 2024

Issue legal notice to treat the indemnity bond as cancelled.

If no reply is given to the notice file a declaratory suit before jurisdicational court through a local prudent lawyer.

T. Kalaiselvan, Advocate (Advocate)     24 July 2024

first issue a legal notice to the society comnmunicating  the cancellation of the indemnity bond as it is an erroneous one, if the society fails to respond you may resort to legal action against the society if the society is a registered body


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