Transfer / transmission of a chs flat in mumbai
Siddique
(Querist) 15 May 2014
This query is : Resolved
A CHS flat in Mumbai in late sister + late brother's name. Late sister left no nominee. Late brother’s 2 sons are nominees. We the surviving brothers are the legal heirs.
Legal opinion from society's advocate:
A) nominees have a right to transfer flat in their names;
B) legal heirs of deceased sister should get court’s succession certificate.
Our comments on A): Bye law 35, section 17(a) & 19 requires society to inform nominees within 15 days and it allows 6 months from death of nominator for nominees to apply for membership; 6 years have passed; brother's nominees have not applied for membership nor society has informed them so far;
comments on B): sister died 20 yrs ago; no claimant/legal heir of sister or brother has lodged any claim with society; keeping legality aside, it does stand to reason, beyond reasonable doubt, that we are the only surviving brothers of the deceased sister.
Now the surviving brothers intend to apply for transmission of flat. Some of our queries are:
Q1: Can society legally insist on nominees to get flat transferred in their name even now?
Q2: Whose legal responsibility to write to the nominees now; society’s or legal heir’s?
Q3: How should society proceed if nominees do not reply to society or legal heirs’ request for NOC even now? Treat nomination as redundant (after allowing them say 15 days for reply)?
Q4: Will the society be violating any bye law if, upon legal heirs’ application for transmission, instead of expecting succession certificate from them, it directly proceeds to display/insert public notices inviting other claimants/legal heirs, if any, thereby establishing “the need or no need” for succession certificate?
Q5: After all, what is the difference between a petition in court and a similar legal heirs’ application to society; this application also will enclose essential proofs of immovable property, death certificates, notarized affidavit of blood relationship of legal heirs vs. sister, etc.?
Q6: Shouldn’t the legal heirs’ indemnity bond be enough to put at rest committee members’ hypothetical risk perception? What else should the legal heirs offer to satisfy society?
Q7: Society wants the nominees to present themselves personally before the committee members. Instead of this, we feel, notarized and registered affidavit from the nominees should do equally well.
Atlas Eva
(Expert) 16 May 2014
Q1: Can society legally insist on nominees to get flat transferred in their name even now?
YES THEY CAN
Q2: Whose legal responsibility to write to the nominees now; society’s or legal heir’s?
Its of society ,but only when requested by existing/claiming legal heirs
Kishor Mehta
(Expert) 17 May 2014
Sir,
The society will transfer the share certificate of the flat to the name of the nominee. The nominee is only a trustee holding the flat in trust for the legal beneficiaries.
The legal beneficiaries have to prove their claim for the transfer of the flat to their names. This claim can be proved by either a succession certificate or letters of administrations from a proper judicial authority.
The society is not legally empowered to accept an indemnity bond or any other documents in lieu of "a succession certificate or letters of administrations from a proper judicial authority".
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
I have already given my opinion to the same query raised by you in the forum section of this portal, being nothing more to add, you may visit forum section to view my opinion on the subject.
