Legal Question in Real Estate Law in India

Sub:- Transfer of Flat in Pantnagar Yashodam Co-OP Hsg. Society Ltd. Pantnagar, Ghatkopar (East), Mumbai 40 00 75. Bldg No. 298, Room No. 6741.

Sir,

Above mentioned flat has been inherited by Father from His sister Late Dr.Jyoti Nandlal Sheth.She had made a will according to which the same flat has been inherited to My father Shri.Arvind Nagardas shah. My Aunty has also filled nomination form in favour of my Father Shri.Arvind Nagardas Shah.

My Aunty Late Dr.Jyoti Nandlal Sheth expired in August 2004, Same was intimated to the society and they have been requested to transfer the same flat in the name of my father Shri.Arvind Nagardas shah. But society delayed the same.

In march 2005 soceity entered into Re-Development Agreement with M/s Angel Developer and now same is M/s HDIL.this redevelopment agreement society has mentioned name of my father as a owner of the above mentioned premises. My father has received a Cheque as a token of acceptance from the re-developer through society from M/s Angel developers.

After that he has received 2 cheques being compensation for M/s HDIL, through society. Society has sent the name of members who are eligible for rent and based on that cheques were issued by M/s HDIL.

In December 2007 we sent reminder to society to transfer the said premises and share certificate in my fahter�s name shri.Arvind Nagardas Shah.but no reply from society , again in march 2008 we once again completed all the formalities as per bye laws and re-submitted the all the relevant documents ,forms , indemnity bond and affidavits and undertaking but so far we have not got the share certificate transferred in my father�s name. We have made many follow up with society and made many phone calls and even I have visited the society�s secretary but no actions has been taken so far from the society.

Sir, at the same time I will like to inform that my father Shri.Arvind Nagardas Shah has expired on 26.11.2009 and as per his will the said flat has to be transferred in the name of my mother smt.sudhaben arvindbhai shah. We have completed all the formalities as per bye laws (application for membership/ indemnity bond/affidavit and all other documents as required by bye laws.

Sir, when we went to submit the same to society they refused to accept the same.

Sir, at the same time society has informed me that rental cheque for the year 2010 will be in the name of shri.arvind nagardas shah and I have to collect the same and deposit the same in our bank account

Sir, plz.advice me what shall I do in this case and ask society to transfer the same flat in my mother�s name smt.sudhaben arvindbhai shah.

Sir, my mother is a senior citizen aged 68 yrs and we are staying at ahmedabad .

Sir, plz.do the needful on humaratian bases and help us.

Sir, I hope you will take necessary actions and oblige us.

Thanking you.

Milind Arvind Shah.

Date :-02.03.2010

F-9 SUGAM FLATS, NR.VASANA BUS STAND , VASANA , AHMEDABAD , 38 00 07.

PHONE :- 079-26621807 , MOBILE :- 09898292280 EMAIL:- [email protected]


Asked on 3/02/10, 1:43 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may send the documents to the society by registered post for transferring the flat in the name of your mom as per your father's will. In case of refusal, you may approach the office of local R.C.S. office.

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Answered on 3/03/10, 5:20 am


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