Querist :
Anonymous
(Querist) 04 November 2022
This query is : Resolved
The flat agreement is made in the name of my wife and my mother. and the same has been updated in the society records. My mother passed away. I have requested society to make the necessary changes in the society records by removing my mother's name and requesting them to put my name. Society is not in agreement with this. What do I need to do to update my name in the society records in place of my mother?
kavksatyanarayana
(Expert) 04 November 2022
Your wife may execute a relinquishment deed for the 1/2 share of your mother in your favour.
Dr J C Vashista
(Expert) 07 November 2022
What type of flat agreement is being referred in the post ?
Whether your mother (since deceased) has nominated you in society records ?
Who else is legal representative (heir) of the deceased (your mother) ? Did you obtain surviving member certificate from concerned authorities ?
There should not be any problem with Society in deletion of name of the deceased member from its records, if so, be specific. However, endorsement of substituted name of member has to be in consonance with State Cooperative Societies Act, Rules and bye-laws adopted by the Society.
Querist :
Anonymous
(Querist) 07 November 2022
For residential flat in Mumbai the agreement is made in the name of Wife as first name, Mother second name and my name is 3rd in the agreement made with builder. Now my mother passed away whose name was 2nd in the residential flat agreement in Mumbai. We have already submitted nomination papers wherein we have mentioned names of 2 daughters in the nomination form with 50% shares to each daughter. Now I have requested society to remove my mother's name from the society records as she has already died few days back. Society is asking for succession certificate. What should be done in this case. Please guide me step by step process to handle this issue.
Dr J C Vashista
(Expert) 08 November 2022
@ Mr./ Ms. Anonymous, You did not reply questions raised by me, rather repeated same facts again, which would serve no purpose while forming an opinion and oblige you. It is better to consult and engage a local prudent lawyer for analyses of documents, professional advise and necessary proceeding.
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