Transfer of flat to nominee
jayashree
(Querist) 20 November 2012
This query is : Resolved
My father passed away on 24th Sept, 2012.
He was in calcutta with his cousin brother at that time. He was cremated there.
He has a flat in navi mumbai in a society registered with cidco of which my mother is the nominee.
the problem now is that my cousin uncle has taken control of all important documents belonging to my father, including the death certificate, pension nomination papers and also this flat nomination paper/share certificate.
in the absence of these documents, my mother cannot apply for transfer of property in her name. she is 65 yrs of age and staying with me(married daughter)in navi mumbai and having health problems.
he is not giving her the papers, instead asking for money!
can anyone suggest a course of action please.
i would like to mention that we have a scanned copy each of my father's(Retd. Sc.Officer, BARC) and PPO order, his identity card and medical(CHSS) card. all scanned copies.
can my mother apply for transfer of property on basis of these?
Kindly reply.
Devajyoti Barman
(Expert) 20 November 2012
Your cousin is not the legal heir of your father. It is you who inherit this properties,
Duplicate death certificate can always be obtained on which basis the flat may be transferred in your name.
The society would act on the basis of death certificate even if the original nomination paper is lost.
In wort case you can always lodge complaint with police against your cousin u/d 384, 406 of IPC for the wrongs committed by him.
V R SHROFF
(Expert) 20 November 2012
U OBTAIN DUPLICATE DEATH CERT
U CAN GET COPY OF NOMINATION FORM GIVEN TO SOCIETY;[ + SHARE CERTI XEROX ]
YOUR MOTHER CAN APPLY FOR TRANSFER
SEE THAT UR MOTHER PAT MTN BILL / ELECT BILL + TAX BY CHQ FROM HER A/C NOW ONWARDS, & KEEP IT'S RECEIPT.
Also issue notice to cousin to return all documents of your father to u, or action will be taken at his cost.
Charge with theft at Navi Mumbai, so he have to travel from Calcutta to Mumbai often, and may be arrested.
ur mother can file DV, on cousin for harassment & recover Doc & other things filing in cr. court, and matter can be expedited.
ajay sethi
(Expert) 20 November 2012
original nomination form is maintained in society records in the nomination register . society informs member that nomination is regd . if your mother is nominee she cna make an application for transfer of flat in her name as nominee .
society will transfer flat in her name on her executing indemnity bond in favour of society .
however society will ask you for share certifcate which is in your cousin posession . apply for issue of duplicate share certifcate . follow procedure laid down . issue legal notice to cousin and file criminal complaint aginst him in new mumbai .
jayashree
(Querist) 20 November 2012
Thank you all so much for guiding me.
I am on the look out for a good lawyer in Navi Mumbai.
Should I approach a property lawyer or a criminal lawyer for my purpose or both?
Thanks again.
I am grateful.
ajay sethi
(Expert) 20 November 2012
contact lawyer who has knowledge of cooperative societes matters .
jayashree
(Querist) 20 November 2012
Thank you.
jayashree
(Querist) 25 November 2012
What is the procedure for obtaining a duplicate death certificate? My father expired in Chandernagore, Hooghly district in West Bengal.
Can I apply online/by post or I have to go there personally.
I have scanned copy of the same but not the original.
Generally how much time does it take?
