Housing Society Bye-Laws Can Dictate Flat Ownership Mutation – Livemint – 5-Dec-2014

December 11, 2014 - Uncategorized

My father purchased a flat in a cooperative housing society in Delhi on power of attorney basis. Subsequently, the flat was converted to free hold, conveyance deed was executed, and he was made issued a ‘Membership Certificate’. He executed a Will in my favour. After his death, I applied for mutation and got it from the municipal authority. I applied to the society along with the Will, death certificate, mutation letter and no-objection letter from my mother and two brothers. But it’s been over a year and I have not got any response from them. Do I have to give any other document? —Kamini Kudaisya It appears that you have done everything required to have the flat transmitted to your name. But also check the housing society’s bye-laws. If the bye-laws do not require anything further, it would be advisable to write to the managing committee, setting out the facts of the matter and listing the documents submitted. Please state that these documents were submitted over a year ago and ask them to state in writing as to why the flat has not yet been transferred to your name and why the membership certificate has not been mutated. If you don’t receive a response within a reasonable period of time, it would be advisable to take the matter up before the Registrar of Cooperative Societies, New Delhi. My parents jointly owned a flat in Mumbai. My mother passed away recently. We are three sisters, and we want that all our consents be required before our father can transfer or sell the flat, so that no one misguides him. How should we do this? —Renu What needs to be established is whether your parents held the flat as ‘joint tenants’ or “tenants in common”. Two persons (A and B) are said to be ‘joint tenants’ when upon the death of one of the joint owners (say, A), his share automatically passes to the surviving joint owner (B). A and B are said to be ‘tenants in common’ when upon the demise of one of the joint owners (say, A), his share (either defined or undivided) passes to his heirs according to intestate succession rules or as per his Will. Thereafter, the heirs or beneficiaries of A will hold the property with B, again as ‘tenants in common’. Unless the title document of a property expressly states that the owners hold the property as ‘joint tenants’, it is presumed under law that they are ‘tenants in common’. Assuming that your mother did not leave a Will bequeathing her share of the property to your father, and assuming that your parents were ‘tenants in common’, your father will now have a 62.5% share in the flat and you three sisters will have a 37.5% share in the flat. While your father can deal with his share in the flat, he will need your consent before selling off the entire flat. You could also consider mutating the share certificate (if the flat’s in a co-operative society) to reflect the names of your father and three sisters as owners.

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