Transfer of flat
Sanjay Mote
(Querist) 01 September 2014
This query is : Resolved
One flat has 3 owners. Smt. SS & Shri. AS and the third name is of their grandchild PV. 1st and 2nd owner passed away. Their was no nomination filed with the CHS. Now mother SV of PV, who is daughter of SS & AS has filled up a form 15 and applying for the trasfer of flat in her name. As you know the form 15 has in format itself mention as "The nomination is already submitted to the society".
She has produced a photostate copy of notorized "will" jointly signed by both AS & SS. She is ready to produce the original too.
My query is how can we trasfer this flat in the name of SV as first owner and PV as second owner? Basis is only the will copy which shows two different properties are divided amongst SS & AS 's 2 daughters. And this flat is given to SV.
Isaac Gabriel
(Expert) 01 September 2014
The CHS will strictly adopt the bylaw provisions for transfer of flat.If you seek to enforce the will you need to file a civil suit.
V R SHROFF
(Expert) 01 September 2014
As there was no nomination, all legal heirs of Smt. SS & Shri. AS, are legally entitled to the said Flat Ownership , jointly with grandchild PV.
You had not file NOC or Affidavit or Indemnity Bonds of other legal heirs.
CHS do not know how many other persons are alive who can claim their rights. You had not invited Claim thru News Paper Publications.
So CHS is within their right to refuse transfer in name of " daughter of SS & AS".
CHS can demand Court Order to do so.
So civil court will declare it on the basis of Probate iof WILL ,if WILL is proved, and not objected by any brothers, sisters, parents , or other sons and daughters of "Smt. SS & Shri. AS"
Under the circumstances, the advise of Expert : Shri Isaac Gabriel. should be acted upon .So move civil court.
If short cut of News Paper publication, NOC, Indemnity bond , works with CHS, with certified true copy of WILL, satisfy CHS, they are well within their authority to trf the Flat, at their pleasure.
Sanjay Mote
(Querist) 02 September 2014
Thanks for you valuable advice. Querier is the office bearer of the society. Just 1 more query - will the third owner PV becomes legal owner of the flat for now? The flat is registered in 3 joint names. First 2 passed away.
malipeddi jaggarao
(Expert) 02 September 2014
His part-ownership will be intact. For the remaining part of the flat, I fully agree with the advice of expert Mr.Shroff.
ajay sethi
(Expert) 02 September 2014
third owner has only 1/3rd share in flat . society can either insist on probate of will by sole legal heir ie daughter or transfer share of the deceased parents in her name on execution of indemnity bond and invitation of claims by publication in local newspapers
Sanjay Mote
(Querist) 08 September 2014
Thank you very much! I am tempted to study LLB through correspondence.
T. Kalaiselvan, Advocate
(Expert) 06 September 2014
