Legal process to release papers
Querist :
Anonymous
(Querist) 04 October 2018
This query is : Resolved
Dear sir/Madam, I am a members of managing committee of a cooperative group housing society in Delhi. A senior member of our society died 15 days back. He is survived by wife who is bed ridden and illiterate. They had no children. After the man's death, the relatives of both man and woman's side started squabbling with each other over right to property. The dead member was the sole owner of the flat. After much mud slinging, the relatives of woman's side allegedly sneaked off with all the papers of property, jewellery and aadhar cards of both dead owner and wife. The remaining relatives now present are the dead owner's nephew and family. They are now demanding duplicate copies of property papers from the society. They have ruled out any negotiation or mediation with other relatives to get the papers back. Upon my insistence,they reluctantly lodged an FIR of missing papers, submitted a copy in office but still haven't published any advt regarding the same. Also, they wont be getting it transferred in the name of surviving wife either{what i could gather from my conversation with them}. After submitting copy of FIR they've suddenly become extremely impatient for papers. Calling and visiting every 15 minutes. Kindly advise what should be the role of society mgt in this such that we may not unwittingly become accomplice in some property fraud.
Vijay Raj Mahajan
(Expert) 04 October 2018
Look if from legal point of view, after the death of the male his sole surviving heir is his wife, bedridden that's another issue , rest of these relatives if both sides are just looking for their claim in the property.
Best for the Society management to send them for getting appropriate order from the court or district authority with regards to the ownership of the flat and definitely the widow will only get heir certificate in her name and for transfer of the flat in her name.
P. Venu
(Expert) 05 October 2018
Obviously, What has happened is a criminal offence. The Society Management should take the lead in remedying the situation..
