Hi,
My uncle had property in Kandivali-Mumbai.
Both his parents had expired and he was a divorcee without any child.
He only has his sister who is also the nominee of her proeperty.
Recently my uncle expired. The Co-operative Housing Society has transmitted the shares in her name but only as "TRUSTEE". They have also asked for letter of adminstration / probate from court to get ownership rights.
Please suggest how can she get ownership rights for the same.
1) Is Succession certificate the only way.?
2) Can't a self decleration of being the only legal heir be sufficient for the society to give her ownership rights
3) Can Legal Heirship certificate work over here..
Please suggest on the same
Actual contents replied by society as below
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we hereby inform you that under Bye Law
No. 34 and subject to the provisions of the Section 30 of MCS Act, 1960B ye Law No. 17A or 19,
the Society has transferred the shares of the Flat No. C-301 of the Society to you in the records of
the society upon executions of various documents.
We confirm that necessary entries have been carried out in I Form Register, J Form Register,Share
Register and ShareTransfer Register maintained by our C-Wing Society.
You will enjoyt he rights of occupation of the said f lat as provided under the Bye Law No. 24(a)o f
the Bye Laws of the Society and the flat shall be used for residential purpose and you will observe
and co-operate with the various decisions taken by the society from time to time.
As communicated you earlier,kindly note that you shall occupyt he flat as a trustee on behalf of
the successors/heirs. The legal heirs or the persons entitled to the estate are decided in a court of
law. Hence,you need to submit to the society,at your convenience, a letter of administration /
probate from appropriate court to get ownership/ permanent rights in the said flat.
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thanks & regards
Mahesh Lad
