I Master Vikas Shivaprem Bhandikeri Younger Son Of Shivaprem Bhandikeri with Age 26 living In Jainam Elysium ‘Tower A CHS LTD’ Society with registration no- MUM/WS/HSG/TC/11041/2018-19 DATED: 28-1-2019 at BHAICHAND TEXTILE MILL COMPOUND, L.B.S. MARG, BHANDUP-WEST, MUMBAI-400078.
I am Facing Problems Regarding the Transfer Of Ownership And Shares Of My Father, The Flat no.0305 In The Said Society Is Under Joint Ownership 1st- Ownership Of My Elder Brother Devang Bhandikeri And 2nd- Ownership To My Father, As He Has Died in Intestate without Making Nomination or A Will So We Have Appointed A Lawyer For Said Process And He Guided Us To Go As Per Model By Laws no.35 Of The Co-operative Housing Society But As My Father Was Already A Associated Deceased Member And Second 50% Share Owner In The Property The Society Is Ready To Transfer As per model by laws no.35 But The Society is Still Confusion In The Tittles Of Ownership As There Are 3 Heirs My Mom Me And My Elder Brother who Is Already Is A 1st- Owner Of the Property And 50 % Share Owner Also There Is No Dispute Among Us In The Family We Are Ready To Do Everything With Mutual Understanding And Decided To Divide Deceased Member My Father’s Share Equally In Three parts of the Said Share But The Society Committee are Confused Are Saying The Can Only Transfer Shares As Per Model By laws no.35 Without Owership Tittles .
So I Request You To Fill Me Up To The Proper Process For A Associated Deceased Member’s Share as well as Ownership Transfer With Proper Title And A Written Copy For The Process For Me To Clear The Process To The Members Of The Society as well. Please Help
I C Naik
It is strange that the Advocate did not help you in this minor legal procedure the Committee is responsible to execute. It is possible that the Advocate did not get true facts underlying your difficulty. I state the facts as I have understood, for your review and reconfirmation:
Vikas Shivaprem Bhandikeri is looking for guidance to get flat no 0305 in Jainam Elysium ‘Tower A CHS LTD’ Society {registration no- MUM/WS/HSG/TC/11041/2018-19 DATED: 28-1-2019 at Bhandup in Mumbai}.The Cooperative Housing Society has registered Model 2014 as its bye-laws which are in force till to day. The flat was purchased in joint names with the elder brother having (1st name on the share certificate issued by the society) the Second name is that of their father who was admitted to the membership as an Associate member. The Associate member died some time back. Now they want to transfer Associate membership to another family member who is a legal heir to the father. The Associate member did not file nomination for his share.
Before I consider the next step I need confirmation of the above facts.