Need to seek advise , from your end based on the following facts :-
- Flat Share certificate presently is in the name of 3 persons – My mother , Myself and my Son.
- The Housing Society is governed by Maharashtra Co-operative Housing Society Act.
- The said Share/ flat was transferred jointly in our names by the Managing Committee on the basis of the nomination filed by my father stating 100% shares to each of the nominee .
- This was as per his wish and the WILL made by my father , for which the PORBATE is granted by Mumbai High COURT.
- The clause of the WILL clearly states that the Flat must given to my Mother and thereafter my son ( Myself ) and on event of me (Son) predeceases him , the flat given to my mother and on after her death to be given my grand son ( my son) .
- Accordingly the Society had transferred the Share certificate jointly in all of our names with requisite documents.
- Now that my mother is no more ,I have filed the request of name deletion and request transfer of the Share Certificates in our names i.e myself and my sons name.
- The society has verbally stated that they would require NOC from My sisters to carry out the deletion/ transfer request.
Requesting, to advise me what would be my legal standing.
Can the Managing Committee refuse my request.
Copy of the PROBATE has been submitted to the Secretary of the Society.
I C Naik
Ajay G Salvi
Facts in brief Ajay’s mother was made primary member of the Society on the basis o Nomination filed by his father who was the sole flat-owner.As the father’s will as also the Nomination stated that on mother’s death the flat should be transferred to Ajay. If Ajay dies before her mother, flat’s nominee shall be deemed to be Ajay’s son who should succed her mother on her death. Upon death of Ajay’s father the Society transferred the flat admitting mother as primary member and Ajay as Associate No 1 and his son as Associate 2. Now Ajay’s mother passed away without making nomination relying on father’s nomination and the Will. The society has verbally stated that they would require NOC from Ajay’s sisters to carry out the deletion/ transfer request.
This is an uncommon approach of making nomination.It is possible to argue that nomination filed by Father does not survive as it is the right of the Primary Member on record. And she has not filed any nomination.
In the absence of more relevant information it is difficult to establish whther the the Society (Secretary/Chairman) is right or wrong.
Ask verbally to the Society if they can give resaons in writing for such requirement in spte of the probate. This is required to show to expert if this was really necessary.
AND also give to me
Relevant information
- Year of registration of the Society.
- Year of registration of father as member.
- Whether the money for nuying flat was paid out exclusively of father’s earning?
- Number of members of the Society
- Date of death of father
- Date on which father was made primary member
- Date of death of Mother
- Date on which mother was made primary member
- Whether mother filed any nomination?
- How many sisters are their and their marital status
- Date on which probate was received
- An you scan and mail the same?
