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Nikhil Arora (Research Pharma)     11 September 2016

Query on legal hier

Flat was bought in 1987 in the name of my great grand mother and grand father without registration but only stamp duty. Upon the death of great grand mother, the said flat was devolved in the name of my grand father in 1995. Later, prior to my grand father's death in March 2003, he had submitted all relevant papers to the society to facilitate the smooth tranfer of flat in the name of my father and mother. In April 2003, society added the name of my father and mother in the share certificate of flat after the decision taken in the managing committee. In July 2008, my father and mother both filed an affidavit and declaration for registration of flat where my mother was inadvertently addressed as daughter of my grand father instead of daughter in law. However, my father's name is addressed rightly as son (of my grand father) as only legal hier. In 2010, when society went in the hands of registrar, this error was noticed but no objection was raised due to availability of relevant papers which was submitted by grand father prior to his death in Jan 2003. Before handing over the society to the newly elected committee in Aug 2012, he prepared share register where both the names (father and mother) were inserted rightly as the owners. However, in June 2016 the new committee has raised this issue of error in affidavit where my mother was wrongly addressed as daughter of my grandfather instead of daughter in law and now they are saying that my mother's name cannot be inserted in the new share certificate. However, there is no problem with my father's name. The registrar and stamp duty officer who signed the affidavit is dead and other officers are now not signing it. Post the preparation of share certificate, can my father make my mother as an associate member or can he prepare a will in the name of my mother and myself? What should I get from my only sister to facilitate smooth transfer of flat in my name upon the death of my parents? Where can I get the format of NOC?



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 3 Replies

Kumar Doab (FIN)     11 September 2016

Get the error correted that is the root cause of every problem.

In case of WILL the name/address/relation of beneficiary needs to be mentioned. 

Seek help of local counsel. 

 

Nikhil Arora (Research Pharma)     11 September 2016

How to correct to error? Is there a procedure? The registrar and stamp duty officer who signed the affividavit is dead now and other officer is saying that he can't help it out as he is dead.

Kumar Doab (FIN)     11 September 2016

Seek help of local counsel, well versed with such matters. 

 

LCI Expert Mr. Hemant Agrawal posts on such complicated matters.

If you wish you may approach him. 


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