Rajnish Kumar 10 January 2020
Dr J C Vashista (Advocate) 12 January 2020
The Society can transfer share of deceased member in the name of widow, if there is no nomination / objection form other LRs.
However, Society has no powers to transfer share of deceased member qua title of the flat, it has to devolve in terms of the provisions of Indian Succession Act.
Dr J C Vashista (Advocate) 12 January 2020
It is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
P. Venu (Advocate) 13 January 2020
What do you mean by "The deemed conveyance of particular society has been awarded in 2018"?
T. Kalaiselvan, Advocate (Advocate) 17 January 2020
The share certificate by the society is not a title document.
The sale deed executed by the wife of the deceased insofar as the shares of other legal heirs is illegal and invalid.
The buyer did not exercise caution or obtain legal opinion from a lawyer befor buying this property because the wife of the decesed is not the absolute owner of the entire property, she is entitled to only her share in the share of her husband's property besides her own share in the property,hence she should have obtained either a registered GPA from her children or should have been gifted their shares or they should have relinquished their rights by executing a registered release deed in her favor so that she could have sold the property without any problem as an absolute owner.
Now the cosharers can execute a registered ratification deed so that the buyer is safe about the validity of the sale deed in his favor.
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