Noc for sale of flat

Jitesh (Querist) 24 March 2014 This query is : Resolved
In my flat agreement, 1st holder is my name and 2nd name is my mother. She expired on 11-8-2011. Society has prepared Share Certificate on November 2012 but not yet distributed to any members. While filling up Share transfer forms, my mother had signed the same and accordingly my name and her name appears on the undistributed share certificate. Now I am selling this flat, and buyer's bank is asking for society's share certificate but society is not releasing the certificate yet and they are delaying issuing NOC to me. What society should need from me to issue in such case. I have my father staying with me and a brother who is settled abroad. Both of them have given their consent on a letter that both of them have no objection in me selling this flat.

Can you please advise what society should ask from me so that they can issue NOC to me. I am the first owner and I have given them affidavit and indemnity to society but they are new and dont know process. Please guide.

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ajay sethi (Expert) 24 March 2014
on your mother death society can transfer flat in your name on basis of letter received from your brother and father and on furnishing indemnity bond . but you cannot sell the flat . your father / brother have to execute relinquishment deed / or gift deed in your favour . then only will you be absolute owner of flat

Rajendra K Goyal (Expert) 25 March 2014
All the legal heirs of your mother are to relinquish / gift their share in your favor, it would enable you to sell the flat.

Vidhi Joshi (Expert) 25 March 2014
prepare a relinquishment deed and submit the same to society with request letter, if they still fail to provide the share certificate approach registrar.