How to get ownership of flat if original documents are misplaced

My father died in 2013 and we applied in society for transfer of flat by signing all legal heirs and made released deed.but our stamp papers and registration papers were misplaced and so we made complaint in police station and also gv paper notice in two newspaper. Have submitted again all this paper to society released deed, paper notice, police certificate, letter for transfer. society have hired consultant but every time thy needs some or the other papers.even maintatinance chq i m giving. Pls help me to sort out the situation ..what shld i do

Answers (2)

128 votes

Dear Querist, In case of death of member, the society has full right and authority to demand some kind of legal certification such as probate, succession certificate or letters of administration from Court certifying the legal heirs. Now that society has accepted your documents by way of consent of legal heirs, they should process your transmission application. If they are delaying or not acting upon your application then you can write to the Registrar of Co-operative Societies but the difficulty is, Your Society will then definitely insist upon submission of above referred Legal Certification. which would cost you Rs 75k (if property is in Maharashtra) court fee plus legal expenses.

Try to resolve internally with them, by asking what ever documents are required, to inform you only once.

Please feel to call us, for any further queries.

Rakesh V, Misar

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286 votes

First you need to get Legal Heir certificate also called as Succession Certificate from Court. These certificate is enough to make changes in Society records.

Secondly apply for Duplicate copy of Registration document from the Local Sub-Registrar office where the property was registered. This document would be required for further sale of the property

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