Transmission of flat in co-operative housing society
Vaidyanathan
(Querist) 23 April 2016
This query is : Resolved
Dear Sir,
My paternal uncle died intestate on 07/03/2013 and was a member of a co-operaive housing society, in Mumbai and was living in flat No. 22. There was no will and neither any noination has been filed.
1) Two of the daughter's are living in Bangalore. and both are married with children.
2) One son is living and married but staying and working abroad.
3) The 2 daughter's had given a joint application for memberhsip and transfer of the flat in their joint names.
4) The son also gave his no objection in a requisite stamp paper for tasnfer of the flat in his sister's joint name and that he will not claim any time in future on the flat.
5) The society is demanding that the son's signature to be attested by Indian embassy abroad from the place where he is staying. He is for some reason not able to obatin the Indian embassy's attestation.
6) Whether the society can make such un-reasonale demand on the daugher's.
7) In such case what is the procedure and how the daughter's can get the transmission of the flat in their names.
V. Vaidyanathan
Kumar Doab
(Expert) 23 April 2016
It is believed that you are Hindu.
The society has to protect its interest and possibility of future litigation.
The son can relinquish his rights by a valid deed.
Vaidyanathan
(Querist) 23 April 2016
Dear Kumar Doab, A valid affidavit and an Indemnity bond signed by the heirs have been submitted but society is accepting the application and neither they give anything in writing. Is it the correct procedure. The son has given his no objection to transfer the flat in his sister's name with declaration that he will not lay any claim in future on the flat.
Kindly consider this and give your views.
V. Vaidyanathan.
Vaidyanathan
(Querist) 23 April 2016
Please correct the 3 line as "society is not accepting the application......."
Rajendra K Goyal
(Expert) 24 April 2016
The signatures of a person (residing abroad) on document should be before the officer of the embassy / duly attested by embassy people, there seems no irregularity in it. Society want to keep its record proper.
