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Querry related to transfer of flat

(Querist) 25 December 2009 This query is : Resolved 
Hello friends,my query is based on Maharashtra co-operative Societies Act.
I am a lawyer.im giving legal advise to one society. where one person was the owner of the flat and his wife was the nominee of the flat. After the death of the person, wife becomes the owner of the flat and she nominates her 2 son(50% share each)as nominee.
Now the situation is this:-
Lady expired and her one of the son(1st nominee)also expired.Second nominee is holding the flat, and paying the maintenance of the society.he also submitted the necessary papers for transfer of the flat in his name, even he submitted the indemnity bond to the society..but he doesn't hv share certificate..he told us tht it was lost..and same is mentioned in the indemnity bond..the legal heirs of 1st nominee(wife and children of first son who is dead)and sister of 2nd nominee sent letters claiming the share in the flat..but their names are not there on society's record as nominee..they also claim that the original share certificate is lying with them...on the basis of indemnity bond given by 2nd nominee...resolution was passed in general body meeting, allowing transfer...but managing committee is not agree bcz other heirs claiming share in the flat and also claims that they hv original share certificate therefore they are not issuing him (2nd nominee)share certificate.
under this circumstances:- wht society should do?

1)can society transfer the flat in the name 2nd nominee who is alive and issue duplicate share certificate to him?

2)can society remain standstill abt transfer and asked the parties to bring succession certificate.
3)wht stand society shd tk?
pls guide me...thnxs in advance...
s.subramanian (Expert) 02 November 2010
You can transfer the flat to 2nd nominee.


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