• Co-operative housing society not co-operating

A widow aged about 80 years lost her only son to cancer in Bombay nearly 5 months back. They lived in Bhayander in Thane district. Although the mother has been named as the nominee, the Society is refusing to transfer the flat in the mother's name as the Death Certificate contains errors in the names of the deceased and both his parents.

The problem has arisen because the deceased was admitted to the hospital by his neighbours. They were not knowing the correct names of the deceased as well as both his parents. Whatever names they deemed correct were given to the hospital. 

The mother is too old and sick to run around but one of her relatives is helping her to sort out the problems. He approached the Municipality with a request to have the Death Certificate corrected but the officials are not obliging him. All necessary documents like the deceased Passport, affidavit from the mother, birth certificate issued by the Catholic church have been provided, yet the Municipality is not convinced about the authenticity of the case. 

The Society people are taking the non receipt of the Death Certificate as an excuse for not transferring the flat in the mother's name. The mother is very old and ill and is undergoing a lot of mental stress due to all this. She has no source of income and is considering selling the flat and staying in an old age home but she needs money for getting admission there. The flat is her only hope. It is a small one BHK flat.

Kindly assist in this matter by giving her your valuable guidance.

You may please send your reply to boeing747.902@rediffmail.com.

Thanking you.
Asked 4 years ago in Property Law from Mumbai, Maharashtra
The Registration Of Births And Deaths Act, 1969

Correction or cancellation of entry in the register of births and deaths.- If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation
Ajay Sethi
Advocate, Mumbai
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