Getting legal ownership and possession of flat by way of transmission
Harshala
(Querist) 08 August 2012
This query is : Resolved
My friend’s father has died recently; in his will he has nominated his only one son as his legal heir for his flat located at Kurla. However he has put the condition that my friend cannot sell, transfer or rent out the said property before marriage. Besides that if anything happens to my friend this property will get automatically transfer to my friends three aunts who are unmarried and was living with his father in that flat. My friend’s aunts also own one more flat in Vashi which was received by them from their parents and they are living their permanently, however after the death of his father they take the possession of the Kurla flat illegally. Further my friend also has a court decree which was passed at the time of separation of his parents wherein the Hon'ble court has directed that after the death of his father the said flat will get transfer to my friend's name. My friend has approached the society of that residential flat for getting share certificate on his name. They advised to submit the death certificate, identity proof and residential proof for such transfer. as per their direction he has submitted the requisite documents however the society delaying the matter for a unreasonable reason that the members is not available for conducting AGM and it will take 2 or more month to conduct such AGM for passing a resolution of transmission of flat. So under such conditions, will my friend get absolute ownership of that flat only by getting share certificate from the society? Or else he also need to obtained probate from court. Furthermore as my friend’s aunts are in possession of that flat what steps he has to take in case they refuse to vacate the flat who acquired it illegally.
ajay sethi
(Expert) 08 August 2012
better apply for probate . you can get probate if will is not contested within one year .
as far as AGM is concerned it has to held before 14th August but if it cannot be held society can obtain extension from Registrar office for 3 months . once flat is transferred he gets right to vote , particpate in deliberations of society . he is a member of society .
