Housing society
Adv. Mayur Nisar
(Querist) 17 January 2014
This query is : Resolved
Hi, Warm greetings to all of you.
Case - Hsg. Soc.-facts
1. Husband & wife are joint owner of flat, but husband is the only member of the society and only his name is recorded in the share certificate (1990)
2. Wife deceased in the year 2000, and now the ownership of the flat has to be transfer in the husband name.
3. Children (legal heirs) are ready to execute the release deed.
3. However sub joint Registrar is not ready to register the 'release deed' because children (legal heirs) name are not their in share certificate.
Query
1. Whether I should ask (legal heir) to apply for new membership in the hsg society as mother was not the member.
2. Should I make appeal to the higher authority.
3. Any suggestion
4. And if possible please explain me relationship between ownership and membership. And any book, section, clause to refer.
Regards,
ajay sethi
(Expert) 17 January 2014
wife is 50%owner of flat . you have not mentioned whether she left a will or died intestate . further you have not mentioned who are legal heirs of her share .on her death name of legal heirs can be added to share certificate .
ajay sethi
(Expert) 17 January 2014
wife is 50%owner of flat . you have not mentioned whether she left a will or died intestate . further you have not mentioned who are legal heirs of her share .on her death name of legal heirs can be added to share certificate .
Adv. Mayur Nisar
(Querist) 17 January 2014
Dear Sir,
Wife died intestate and now her legal heirs are two son, one daughter, & husband as per succession act
Advocate. Arunagiri
(Expert) 17 January 2014
The children's name need not be there in the document. The children are the legal heir of their mother, so they can give relinquishment deed in favour of their father.
Advocate. Arunagiri
(Expert) 17 January 2014
The children's name need not be there in the document. The children are the legal heir of their mother, so they can give relinquishment deed in favour of their father.
Adv. Mayur Nisar
(Querist) 17 January 2014
Joint sub registrar is denying to register the deed, as legal heirs names are not mentioned in the share certificate.
ajay sethi
(Expert) 17 January 2014
make application to society to add name of son in share certificate . then son can relinquish his share
Kishor Mehta
(Expert) 17 January 2014
Sir,
If there is a Will, please obtain a probate from the Court, in case the lady has demised intestate please obtain succession certificate from the court.
After proving the rights of the beneficiaries you may approach the sub-registrar for the necessary registration.
Good Luck
Kishor Mehta
Adv. Mayur Nisar
(Querist) 17 January 2014
Thanks all of you for useful advice...
