Legal Question in Real Estate Law in India

sir,

i being the joint second holder along with my mother in the residential property who expired few years back have submitted all documents (death certificate/release deed from other heir) to our society for deletion of my mothers name and to reinstate my name in records ,with no nomination in the records of the society .The society has referred my case to a legal advocate ,who in his letter has directed the committee to publish 2 ads in local dailies calling for any objections .my point herein is that the society wants to push this expenditure on me

please clarify the following

1)if the society has doubts ,it may publish ads as the society has hired the services of the legal person and he has directed them to check for any objections from the general public.

2)how can i publish ads on behalf of the society or the advocate

Is the society correct in asking me to publish the ads .please clarify ?


Asked on 8/19/12, 11:01 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.08.2012

Dear Sir / Madam,

1) When the other legal heir has already given a "No Objection" release deed to transfer the property in your name, if the Society wishes to, ads will have to be published by the Society to check for any objections to be done at the Society's cost.

2) You are not bound to publish ads on behalf of the Society or the Advocate.

Since it lies in your interest to get the residential property transferred in your name, you may choose to agree to bear 50% cost of the advertisements and get your name registered as the Owner at the earliest.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 8/23/12, 7:14 am
Shrichand Nahar S.V.Nahar, Advocate

Check bye-laws and act accordingly.

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Answered on 10/01/12, 10:37 pm


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