Secretary of society denying to transfer shop to wife and children
25-Nov-2023 (In Property Law)
Hello, My cousins father passed away and now the shop in a co-operative housing society requires to be transferred to wife and his 2 daughters. It is the wish of mother and 2 children for the shop to be transferred to their names, however this request has been denied by the secretary of the cooperative hsg society and the secretary has said the transfer can only happen to the mother. There is no will or nomination to the said flat. We wish for the transfer from the late father to wife and 2 daughters. Can you please advice.
If there are no other legal heirs other than the wife and the two daughters mentioned, the society should have no objection in transferring the flat in the joint names of The Widow and the Daughters (who are the only legal heirs). The society can ask for necessary indemnity bond from the legal heirs while effecting the transfer.
The above functions under the Maharashtra Co Operative Societies Act and the Rules made thereunder.
S.30 read with Rule 25 and 26 of the Said Act
The above functions under the Maharashtra Co Operative Societies Act and the Rules made thereunder.
S.30 read with Rule 25 and 26 of the Said Act
In such a circumstances it would be appropriate to get succession certificate in respect of that property from District Court in favor of wife and two daughters which can not be denied by the secretary of the society.
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