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Kiran (Project Manager)     07 April 2010

Transfer of Flat

Kindly help me with the query below...

I am leaving in a housing society and the flat is in my father's name. My father expired last year and my mother is the sole nominee for the property. we are three brother and I am the only living here in India with my family. Now my question is 1) do we need to give NOC to the society for transfering the flat to my mother's name as society is insisting to do so and none of my brothers available at the moment. 2 ) Our society is under the process of redevelopment. Will non transfer affect our right for new flat in anyway?

 

Please advice.



Learning

 3 Replies

SWARUP NARAYAN ROY (ADVOCATE)     07 April 2010

Dear Kiron,

I have gone through your problem, I am staying at west bengal and as per west bengal Co-operative Society Act1983, in case of nominee made by any member of the Society before demise , the society will accept his/her membership in place of deceased member , and no NOC is required by the other legal heirs to be submitted to the society.

swarup Roy

Advocate, Calcutta High Court

Kiran (Project Manager)     07 April 2010

Good Day Mr. Roy,


Thank you very much for the prompt reply. Well I m living in Mumbai and I hope there will not be much of the difference in the society's law bet Mumbai n Kolkotta. Can you pls advice me has there been any new law regarding my problem and what action I can take against the society?

Hope you wont mind.

Thanks once again Mr. Roy,

Kiran Kapadia

bhagwat patil (Property due diligence 9422773303)     08 April 2010

in nomination the the flat will get transfered in your mther"s name. if  transferring in ur mothers delayed she can sign on behalf of ur deceased father attesting affidavite of nomination.process of redevelopment will not affect


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