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How can i sell my property if holds a membership of the society
10-Jul-2023 (In Property Law)
we have flat taken in 2004...it was appartment at that time...my father was owner till 2015 and he died on 2015...after 1 year in 2016 i became the owner as my grandmother n sister have no interest in flat and they did relinquishment deed for the same...meanwhile now i decided to sale that flat..now other members in appartment now made society..and without telling me anything they put my fathers name as member..and now dont giving me any document for my flat sale purpose and asking FEES for it...so how should i proceed..can i bypass society membership and directly sale my flat..as i have registered deed done last year in my name..??
Firstly, ur father left any will? if no then have u applied for the succession certificate in court? if u applied and received the succession certificate for this flat then u r legal owner of this flat. As u mentioned that ur grandmother and sister already did relinquishment deed in ur name then u r the sole and legal owner of this flat.
As u mentioned, NOC of Society is essential for Sale of flat u cant bypass the society. You can submit an application with copy of succession certificate or Last will of ur father which in ur name, death certificate of ur father, said relinquishment deed for replace the name of ur father to ur name as member of the said society. After completing above mentioned things society will issue the membership certificate and share certificate in ur name and also an noc for selling the flat to other person.
As u mentioned, NOC of Society is essential for Sale of flat u cant bypass the society. You can submit an application with copy of succession certificate or Last will of ur father which in ur name, death certificate of ur father, said relinquishment deed for replace the name of ur father to ur name as member of the said society. After completing above mentioned things society will issue the membership certificate and share certificate in ur name and also an noc for selling the flat to other person.
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Pramod Nawal Patil
Thane | 25+ Answers
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no you cannot bypass society to sale flat
did your father had share certificate issued in his name?, has he nominated anyone for his share?
If your name is there in the nominee you may ask society to transfer share certificate in your name and you may pay transfer charges to the society.
If then also society restrict you from selling your flat you can always approach cooperative society tribunals for seeking permission of sale also you may approach civil court for declaration of title in this matter
did your father had share certificate issued in his name?, has he nominated anyone for his share?
If your name is there in the nominee you may ask society to transfer share certificate in your name and you may pay transfer charges to the society.
If then also society restrict you from selling your flat you can always approach cooperative society tribunals for seeking permission of sale also you may approach civil court for declaration of title in this matter
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Adv. Prerna Jain
Navi Mumbai | 100+ Answers
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