Transfer of flat
Tarun
(Querist) 31 May 2012
This query is : Resolved
Dear Sir,
This email is in regards to a Flat left behind by my Bachelor Brother.
Out of all the siblings I am the only one alive. My brother had left behind a hand written will in which he named the sons of one of the deceased brothers and later he changed the names to the sons and daughters of the other deceased sister.
However all the changes have been made on the same hand written will without the attestation of the witnesses.
So we have consulted many lawyers and all say that the will is invalid in the court of law.
Secondly we have approached the society for claiming the flat as there is no dispute among the legal heirs and the beneficiary of the will.
But the Society is asking for the Letter of Administration.In these circumstances what should be our next step to get possession of the flat.
Society has given us a list of 14 points which need to be fulfilled by us to get the ownership of the flat.
This list has been provided by Advocate Vinod Sampat and point no 14 states that incase there is dispute then only succession certificate is required.
Lastly society is not ready to recognize us as legal heirs. We have a old Ration card (1966) which clearly states the names of all siblings.
The original Death certificate of my Bachelor brother and the key of the flat is in my possession. They have also cut the water supply to the flat without our information and also are not allowing us to repair the same which is in shambles.
Society has accepted maintenance till 2007 and has stopped accepting the maintenance after that. Unnecessarily making us defaulters and accruing interest despite we agreeing to pay the maintenance on time.
Kindly advice the next step of action.
Thanks and Regards,
Pahlaj Gangwani.
ajay sethi
(Expert) 31 May 2012
society has no business to disconnect water supply of any member of society .
if your bachelor brother died in 2007 why did you not move court for succession certidficate . you could have obtained it in 6 months .
generally in case member dies without leaving a will society transfers flat in name of legal heir on basis of affdavit / indemnity bond executed . application made by legal heirs are accepted
you have already taken opinion of Mr Vinod sampat who is an authority on cooperative society law . go by his advise .
if society is not amenable to reason adopt a practical approach obtain letters of administration/ succession certificate from high court
Tarun
(Querist) 31 May 2012
Dear Sir,
We had applied for succession certificate but a will was found in the locker of the bank.
It was not valid as there were changes made without the attestation of the witnesses.
Also there is no dispute between the legal heirs and the will beneficiary.
In such a scenario a senior member of the council has advised us to approach the society with Family settlement deed.
But still society is insisting for LA.
Kindly advice.
Thanks and Regards,
Pahlaj Gangwani.
ajay sethi
(Expert) 31 May 2012
approach high court for LA . it wont take much time if no disputes among family members .
Tarun
(Querist) 31 May 2012
Dear Sir,
Thank you for your advice.
Regards,
Pahlaj Gangwani.
adv. rajeev ( rajoo )
(Expert) 31 May 2012
file a declaration suit against one of the your family members to declare as legal heirs of deceased and after serving the summons file a compromise petition and get the decree, declaring that you all are legal heirs of deceased.
Shonee Kapoor
(Expert) 01 June 2012
I endorse both the views as workable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
