Inheritance of house
Hamsa Dara
(Querist) 05 December 2015
This query is : Resolved
Hello sir,
We have a flat in a chs in Mumbai. My father passed away 1 year back suddenly and has left no nominee or will behind. Due to certain financial issues in the family few years back there were some dues in the society maintenance charges. However we are now ready to clear the same and even want the flat transferred on my mothers name. We are 2 daughters and mother and have no issues in the flat being transferred to our mother. However the society is not taking any interest in flat transfer, moreover is not accepting the maintenance due. Pls help us know the transfer procedure in such case and the documents required.
Looking forward for your help.
Regards
Hamsa
Kumar Doab
(Expert) 05 December 2015
The procedure and forms/formats for transfer should be available with society office or you can check with Registrar's office/website.
Since you are not getting any response it shall be better to transact in writing under proper acknowledgment.
If you are unable to resolve on your own seek counsel of local lawyer that is well versed with such matters and is aware of local laws.
alexander
(Expert) 05 December 2015
Well advised by Shri Kumar ji.
2. You may also write to the Registrar of CHSs' with which your Gp CHS is registered.
3,. This point could be raised on the Agenda of the Annual CHS members meeting which is held annually as per the standing instructions the Registrar of CHSs
4. Consult the Standing orders of your own CHS wherein the procedure for conveyance deed of the property in the name of surviving heir(s) may be prescribed.
5. If the Secretary / President of your CHS is not co operating then you may have to engage a lawyer,
Also sound your Block member representing your Block in the Managing Committee of your the CHS
Anupam Lahiri
(Expert) 05 December 2015
Well advised by both the experts. Now it is time to act by making written representation for executing the transfer.
Hamsa Dara
(Querist) 05 December 2015
Thank you sir's. We surely take if forward accordingly as per advise.
Dr J C Vashista
(Expert) 06 December 2015
What is the next action taken by you when the society did not respond to your application for transfer of title of the flat in the name of LRs of deceased?
Did you obtain and submit succession certificate to the Society for consideration?
Generally the Society accepts arrears of maintenance and your statement is unbelievable, however, if so, when the society raised the demand for maintenance and you did not pay, what was the reaction or action taken by Society?
Did you send/remit the arrears orally,in writitng, personally or through post/courier by DD/Cheque/cash?
Rajendra K Goyal
(Expert) 06 December 2015
If society not responding, send legal notice through your lawyer and fie case to direct society to transfer the flat.
K.S.Srinivas
(Expert) 09 December 2015
1. Pay the dues in the form of DD/Cheque to the society.
2. Get succession certificate and issue a legal notice to the society for transfer of the flat.
