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subhu s m s (ddirector)     12 October 2012

My fla on my uncle name bu he expired on 2001

Good Day sir

I am residing on flat in mumbai which is on my Mama's name agreemen of his is not registered (which is from builder) as he had expired on 2001, and building society got formed and registered on 2007, now iam asking for shares certificate which society is not giving tous either on my mama's name ,we had paid all deposits or other charges to society, mama was no married when he expired so no legal heirer from his side, he have 2 sisters and one brother. one of his sister is my mother,other sister is settled in Canada, now how can we transfer this flat on my mothers name

pls  suggest how get share certificate from our bldg society

Thank

subhu



Learning

 2 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     12 October 2012

If your mama is no more, then you have to approach the Court to decide on the heirship. Once the Court passes an order after examining the details that your mother is the only heir, then after you provide this copy to the society, they will issue you the share certificates in your name.

You were paying the maintenance and other dues for the flat to the society, did they never ask you about the owner?

After a certain time period, you can also claim adverse possession against the owner and get a Court order to the same to prove that you have been in possession of the flat for a very long period and the owner has not stopped you or tried to stop you for the time period.

In any case you have to approach the Court.

In many societies, though it is not legal, the society understands the difficulty of the family and trasnfer the shares by taking an indemnity bond from the family members. But there is a risk that if in future any claimant (whether true or fake) arises then the society may ask you to surrender the sahre certificates until you get a Court order.

S Jadhav

subhu s m s (ddirector)     13 October 2012

what is indeminity bond, it can be taken from my mama's sister ( mausi) and my other mama.

and submit in society after that ,can society issue share cerificate in my mothers name 


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