Flat transfer by the legal heirs of the deceased
manoj r. dubey
(Querist) 19 October 2011
This query is : Resolved
DEAR EXPERTS.,
My client who's wife was having a flat in mumbai in a co-operative housing society on her name. she expired on 17-7-2011 leaving behind my client and 2 sons who are minor.she has not appointed any nominee for her flat in the society. now my client wants to get the share certificate transfer in his name. i had made indemnity bond, affidavit and application for transferring the share certificate in my clients name.
now the society is also asking for transfer set has per bye-laws of Maharashtra co-op. societies act. i wanted to know which forms should be filed up for transfer since the wife of my clients has expired. is the form no. 20(1), 20(2), 23 etc. to be filled up.
plz has soon has possible
Advocate Rajkumarlaxman
(Expert) 19 October 2011
Application to society can be in simple language but you have to attach heirship certificate for the same.
Advocate Rajkumarlaxman
(Expert) 19 October 2011
As she has died intestate the property devolves on the survioring members and her husband and minor children are the owners of the said flat. then apply accordingly
ajay sethi
(Expert) 19 October 2011
since your client wife died without leaving behind a will nor has made any nomination the society generally calls upon legal heirs to furnish succession certificate .
your clients are lucky that society is willing to act without succession certifcateand transfer flat on basis of indemnity bond .
Section 30(1) : On the death of a member of a Society, the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules. Or if no person has been so nominated, to such person as may appear to the committee to be the heir or legal representative of the deceased member.
Provided that such nominee, heir or legal representative, as the case may be duly admitted as a member of the Society.
Rule 25 Section 3
(i) Where a member of a society has not made any nomination, the society shall on the member’s death by a public notice exhibited at the office of the society, invite claims or objections for the proposed transfer of the share or interest of the deceased within the time specified in the notice.
(ii) After taking into consideration the claim or objections received in reply to the notice or otherwise, and after making such inquiries as committee considers proper in the circumstances prevailing, the committee shall decide as to the person who in its opinion is the heir or the Legal Representatives of the deceased member and proceed to take action under Section 30.
as fr as forms are concerned ask the society to furnish the forms required
