LawRato

Our flat is a 2BHK. My father was a member of the CHS, and my mom an associate member. Unfortunately


01-May-2023 (In Property Law)
Our flat is a 2BHK. My father was a member of the CHS, and my mom an associate member. Unfortunately, they had to separate from each other. As a form of alimony, my father agreed to resign from the society, thereby making my mom the primary member. We were advised to do so by our lawyer, in order for my mom to own the entire flat outright. So my father wrote a letter of resignation (on plain paper) to our society secretary. He accepted it and gave us a new set of share certificates, in my mom's name. However, we didn't do any transfer of ownership at the Municipal registrar. And we now came to know, that the secretary neglected to keep any official record of his resignation letter. All this happened over 10 years ago.

Can we rightfully say that our titles are clear and ready for a smooth sale? We have been paying all the property tax ever since with no dues.
Answers (1)

Answer #1
265 votes
Your mother's title is not clear. Your father should have executed a gift deed in favor of your mother. The resignation letter on a plain paper is not sufficient to transfer the title of the above mentioned property.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."