Hello to all experts. My query is as follows. Request you to reply with your valuable expert comments for the same.
Scenario:
My father bought a flat in housing society in the year 1979 in my name as primary and my mother's name as secondary. My father has two sons(including me) & three daughters. He passed away in 2002 and left a Will stating that this flat would belong to me completely and his other heirs would have no right, title or interest on this flat. However this Will was not signed. It was just a piece of paper in his handwriting and was not considered as a legal will. With reference to this letter my mother also submitted a written letter to the Society along with duly filled Associate Member Form asking to remove her name from the flat and replace it with my wife's name. She was very much alive when she did this. The society in turn acted upon the request and transferred the flat based on the above documents and issued me the Share Certificate in mine and my wife's name.
In 2007 my mother passed away. In 2009 my younger brother submitted a letter to the society stating his objection in the transfer of the flat. Society in turn responded to his letter mentioning this is our internal issue and we must resolve it amongst ourselves. Society has nothing to do with this.
In 2013 (when my mother had already passed away), the society applied for Deemed Convenience. For this they called in for Special EGM and reinstated the name for this flat as My name in primary and my mother’s name as secondary. A resolution was also passed for the same in my absence as I was not present in that EGM. Later upon realisation of this resolution, I objected on this but I was informed by the society then, that the transfer done in 2002 was not as per the bye laws and the transfer stands null and void. This resulted in the flat being reinstated to Mine and mother's name. Society further stated that as per the law such transfers must be accompanied by a gift deed or a NOC from all the legal heirs. Now a gift deed was not possible in 2013 as my mother had already passed away in 2007.
Had the society updated me about the law when my mother submitted the letter in 2002, we would have made the Gift Deed as per the bye laws. So now the only option left with me was to get the NOC from all the legal heirs. Out of 5 legal heirs(including me), three of them have given me the NOC. However my younger brother is not willing to give the same for reasons best known to him. Without his NOC society is not willing to transfer the flat. At present, the Share certificates are still under mine and my wife’s name. Society has still not asked me to submit it to them. Also till date the information passed for Deemed Conveyance is my name as primary & mother’s name as secondary.
Question:
1. What can I do now when the society has reinstated the older names after 11 years when my mother is not alive and that too after informing me that the transfer is complete and supplying me with the Share certificates?
2. If the Society chooses to remain adamant and does not transfer the flat and I pass away and my mother already passed away. What will happen to the flat if I say that the nominees of the flat are my two sons?
3. Now since the Deemed Conveyance has been completed upto Part one out of two and the same old names have been carried forward to Part two. What will happen if I want to sell this flat in future or if the society goes for redevelopment. Can I restore mine and wife’s name after redevelopment?
4. Is there any way to transfer the flat without my younger son's NOC?
5. What are the other possible options for me to restore my names.
