Transfer of flat
Bharat Vakil
(Querist) 25 December 2016
This query is : Resolved
Recently a member of the Society expired,he owns a 1255 sq ft 3 BHK flat.
He has lwft behing a widow and a son & daughter-both married.
The wife has requested the Society to transfer the flat in her name on basis of Nomination.
PLEASE ADIVCE:-
1) There is an outstanding dues in the name of deceased since April 2014 and he had filed case u/s 91 Disputes in Cooperative Court -IV Mumbai-- can the flat be transferred? What about dues ? Does the Society need to take NOC from siblings before transfering?A reply to my enail solicited.
adv.bharat @ PUNE
(Expert) 25 December 2016
No flat can't be transferred until all due had been paid.
Yes society need NOC from siblings.
Will u appreciate this answer by giving like on my LCI profile?
Ms.Usha Kapoor
(Expert) 26 December 2016
.My reply is the same as that of Mr.Bharat.
Dr J C Vashista
(Expert) 26 December 2016
I agree with expert advise of Mr. Bharat.
NOC from society is a pre-condition for transfer of share in the name of nominee, if other LRs of deceased member do not have any objection and execute relinquishment deed to that effect.
Rajendra K Goyal
(Expert) 26 December 2016
Let the cooperative court decide the dues first or outstanding is paid and case is withdrawn.
Generally no membership transfer effected if there is outstanding against the member.
