Please advice on the following case. My grandmother owned a flat in mumbai and died in 1997 without any will. presently there are 4 legal heirs including my grandfather. All legal heirs have given their consent and NOC to my uncle to be the only legal heir for the flat. on that basis and affidavit and indemnity bond to CHS, the flat was transfered on my uncle's name in 1997 along with share certificate. Now I have purchased this flat from my uncle and also registered the sale agreement. when I submitted the request for transfering the flat in my name, Society informed me that my uncle did not have succession certificate and hence he is considered as nominee member only. therefore, I shall also be considered as nominee member and would not get the rights of absolute member. They also said that the succession certificate of my uncle is needed for absolute membership. My question is
1. if my uncle gets a succession certificate now, is the flat sale registration valid?
2. does he have to state in the filing for succession certificate that the flat is already sold?
Looking forward for your guidance.
Regards
Suresh
