please suggest
PRAHLAD AGARWAL
(Querist) 09 April 2011
This query is : Open
Dear sir,
my wife had submitted the documents of 50% share transfer which are on the name of her mother in the society in Aug-2009.after the expiry of the mother in july 2008. and other hiers were aggreed upon the transfer and signed for no objection.
maintenance was not cleared by the retired father since 2007.brother was in education.
it was requested by the wife to the society ( secretary and chairman) that kindly transfer the share and the arrers will remain and will be paid by the father who is otheer 50% owner and my wife is a house wife.maintenance arrears was a huge sum we not denied for that.
that time documents was with Mr.secretary and it was promised that as soon as arrears will clear transfer will be done then only.
arrears cleared by the father in 2010 but in between he was regularly paying the amount more than maintenance so as it will not increase furthur.
after clearing the dues when my wife and her father said to transfer the share society refused with the word that the date of the indeminity bond is only valid for the period of six months and is expired now . you have to form the new papers .
society has negociated with some lawyer and he said that you have to take the signature of the other heirs again.
is it true that my wife has to form new papers for the society transfer.
if any one other hiers who was ready at that time may refuse at current in that situation or anything wrong happen.
my query
a)notry of that bond have no value at current as those papers were signed by other hiers also.
b)new papers if formed again then the value of aggrement which formed in the year 2009 will wipe out.
c) why society is not transfering as per their words in old date.
d)how my wife may transfer the share in the society which is at her mother name.
e) if new documentation is necessary if any additional document required along with the old one without knowing the other hiers.for the transfer in society.
plz guide in such a condition.as we want to keep the value of old date and documentation.
at last if society refuses to transfer without new documentation can we go for legal proceedings .
thanks in advance