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Co op housing society asking for legal charges
17-Jan-2023 (In Property Law)
We have a flat in Mumbai on the names of Father , My brother and me (A + B + C) My father’s registration of nomination is on my name (C). We don’t have any other brother or sister.
My father passed away in USA ( he and my brother are staying there since long time)
I had given the Society request to delete my father name and Change the ownership percentage as per nomination. Had also provided copy of father’s death certificate
Now Society is not doing the same and asking me to pay for the legal fees as they want to consult an advocate for the same
My question is as per Maharashtra state co op housing society Bye Law No 34 isn’t this a straight forward and simple case of single nomination ?
Does the society have the right to ask for legal consultation cost from me? Does this case even need legal advice for them ?
Hello Sir.
If society is not aware of procedure and want to consult an advocate, it is their issue and not yours. can you tell me how much they are asking to pay as legal consultation fee. if society is not ready and willing to do same. you have option to send them legal notice. you will have some proof in your hand in case any dispute arises in future. you need not pay any amount to them.
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Adv. Shweta Joshi
Pune | 100+ Answers
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Sir
If people were to become owners of flats in any part of the country on the basis of a nomination form then our country wouldn’t be having to face poverty.
Please note that nomination is only with regards to the handling of the flat and it does not provide you as the owner of the property even though your father nominated you.
The title to the property will always be doubtful.
Secondly society is right in not transferring such a flat in your name as the registrars office will come after the society for making such illegal and false transfers.
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Adv. Garima Anil Mehrotra
Mumbai | 700+ Answers
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