Legal Question in Real Estate Law in India

transfer of flat

a flat was purchasd but the secretary refused to transfer in my name. the reason he gave was that previously it was jointly hold by two persons. the second holder died and an agreement was entered by me with the person who is now alive. also the secretary granted me NOC and now he is refusing to transfer. kindly advise


Asked on 2/08/06, 5:20 am

3 Answers from Attorneys
Vivek Anand M/S.VIVEK ASSOCIATES

Re: transfer of flat

We need to check the terms of the contract, without which it would not be possible to give a clear reply.

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Answered on 2/08/06, 10:04 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: transfer of flat

Secretary is not the owner and he does not have any authority, file a petition before the consumer forum if he refuses,

Register the Property in your name, if it is held by two persons jointly, and one of them dies, you can seek the registration from the legal heirs of the Deceased member and proceed to register the sale deed before the sub-registrar, and after which the Society will register.

Regards.

B.Balasubramanya.

Advocate.

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Answered on 2/17/06, 2:03 am
Pravin Vaidya Independent

Re: transfer of flat

In response to your query,

(i) Giving NOC by secretary is only an indication that you are acceptable as member of the housing society .It is no way a substitute to observe legal formalities necessary to be observed for purchasing the flat

(ii) In case of jointly held property signatures of ALL owners are necessary .In case of death of one owner signature of legal heirs (As per WILL/Probate/succession certificate etc.) is necessary

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Answered on 3/06/06, 4:55 pm


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