Legal Question in Real Estate Law in India

purchased flat in 1997, lady in whose name the flat was registered had died earlier and we had made agreement with her sons. we had applied for the transfer of flat in the society in 1997 and after three years soc has written that the three sons are not legal heirs and first they have to became a member and the flat will be transferred in your name since three years had past these sons are no traceable what should i do now


Asked on 4/11/11, 10:53 pm

1 Answer from Attorneys
Jyotishwar Bhosale Advocate, Bombay High Court

Hi,

What do you mean by not traceable? Did you tried finding them, because as rightly stated by society that share certificate is in the name of the said old lady, so her son's have to transfer the property on their name, and then only then can sale it to others, and accordingly the shares will be transfered on your name and you become the member of society.

Alternate way (if son's not traceable) is to send a legal notice to society, stating all the facts. and then pull the society in co-operative Court and get the relevant orders.

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Answered on 4/30/11, 7:25 am


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