• Title Status for CHS flat

Background of my query:
Our flat is a 3BHK, made by combining two blocks of our Cooperative Housing Society. 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.

My question is regarding the legality of her ownership. Can we rightfully say that our titles are clear and ready for a smooth sale?

Please note, we have been paying all the property tax ever since with no dues. Also, we got her name registered in our MSEB records, so our electricity bills come in her name.Furthermore, the society maintenance receipts are in her name (with no dues).

Thank you.
Asked 3 years ago in Property Law from Vasai, Maharashtra
your mother title is not clar and marketable . your father should have executed gift deed in favour of ypour mother . have it duly stamped and registered . resignation letter on plain paper is not sufficent to transfer title in property .
Ajay Sethi
Advocate, Mumbai
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contact a local lawyer . show him consent terms filed in family court . it appears your society has messed up the whole case . gift deed would make title clear and marketable
Ajay Sethi
Advocate, Mumbai
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1487 Consultations
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
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1487 Consultations
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Your mother lacks good title to the property, and your father continues to be the legal owner thereof. Let your father make a gift deed in favour of your mother if she is to be vested with ownership rights. Get it registered according to the law. Contact a local lawyer.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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