Legal transefer of flat as shareholder in co-op. hsg. soc.
Vinay Rathi
(Querist) 04 April 2014
This query is : Resolved
On the Death of the Sole Member of the CHS, the flat was transferred in the names of the Two Regd. Nominees,(One being Her Legal Heir),only after obtaining the NOC from the all the Legal Heirs of the Deceased member by the CHS.
Later one of the nominee,who too was a Legal Heir of earlier Deceased member, also died.Then the CHS asked for the NOC,Affidavit of Declaration and Indemnity from all the Legal Heirs of the Said Nominee Deceased(Who are the same as earlier) ,Newspapers Notices,to Tranfer/Transmit the Share in the sole name of the Nomineeeirs .
The Legal Heirs of said Deceased gave all the Papers/Documents,Affidavits,News papers Advt. as asked for and complied with the requirements of the CHS & also disclaim /relinqueshed their rights in favour of the said Nominee also with authority/right to sale ,dispose,create third party right absolutely to the The said surviving Nominee.
Chs Took the papers submitted to it, on record, Passed necessary Resolutions in Committee and General Body Meetings and Transferred the said shares to the Lone surviving Nominee . received payments of Maintenance also.
But now when Said Shareholder/Nominee wants to sale the said Flat,but CHS calling Her as the Nominee only & deny her though L.R.have their NOC,toit now and earlier too,citing some Legal Opinion Obtained.
So pl. Advice/ inform that-
-The Nominee Has become a Member or not?
-After taking the said Nominee as Member can CHS go back calling Her as the Nominee still?
-Does the said Nominee has not become the Member of the CHS with all the Rights ,Title in Her Favour as on date?
-Said CHS is acting to cause Harassment and delay to said member only because the Sec. of the Said CHS, himself is a Property broker and insist that deal should be made through him only,and therefore creating Problems.what action against him and CHS Committee can be initiated-Civil and Criminal Courts of law, and
How Co-op. Registrar can Help the Said Member pl.? Thanks
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ajay sethi
(Expert) 04 April 2014
nominee is only a trustee for legal heirs . in your case if egal heirs have executed relinquishment deed in favour of nominee he would be absolute owner of flat .
request society to give in writing legal opinion received and reasons for refusal to transfer flat
Rajendra K Goyal
(Expert) 04 April 2014
the stand of the CHS is wrong as all legal heirs have relinquished their right.
send legal notice and consult local lawyer.
