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Ashwin Gogte   13 February 2025

Sole heir nominee - transfer of flat

I am the only child of my parents, both of whom are deceased. My late father owned a self-purchased flat in a cooperative housing society in Mumbai and had nominated me as the successor. The building is scheduled for demolition as part of a redevelopment project.

I have not yet applied to transfer the flat into my name. Besides the nomination, share certificate, and death certificates of both parents, are there any other documents I need to submit for the transfer?

The society is insisting that I vacate the flat before the transfer is completed. Additionally, the builder and society are threatening to impose penalties on me for delays, citing the development agreement they signed. How should I proceed in this situation?



 2 Replies

Dr. J C Vashista (Advocate )     13 February 2025

You are required to apply to the Society for transfer of membership and undertake to abide by its bye-laws / rules.

Ashwin Gogte   13 February 2025

Thank you, Vashista sir, for your response. My father passed away in January 2025. Today, I contacted the secretary to schedule an appointment to apply for the transfer of membership. He informed me that I need to obtain a succession certificate to complete the process.

On February 1st, the society received a notice from the builder instructing all residents to vacate the building by March 15th. The secretary is now insisting that I vacate the flat by the given deadline. The development agreement includes a clause stating that any member who delays vacating will be held financially responsible for any losses incurred by the builder.

Given this situation, how should I proceed? What legal steps can I take to protect my rights?


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