• Transfer of co-operative membership shares - no nominee

Hi

I have a cooperative housing society flat in Kolkata which is in my deceased father's name .My father passed away 17 years ago.The membership share and cooperative membership is also in my father's name and there is no nominee.
My mother is also deceased. We are 3 siblings. Cooperative bye-law states that there are 3 ways to transfer the Co-operative membership in our name ( as legal heirs): 1. Succession certificate 2. Probate 3.Letter of administration.  Please advise what is the best way to transfer the co-operative membership in our name .Will Magistrate's letter be acceptable here ?

Thanks
Sanjukta
Asked 3 years ago in Property Law
Religion: Hindu

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17 Answers

hi, yes the magistrate order will be sufficient to transfer the membership.. other suitable way is to get the succession certificate from court

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

1. If nether of your parents have left an ill bequeathing this proeprty to any or all of you then only way to prove your respective share in the proeprty is by setting in motion a proceeding under aCT, 39 for issuance of Succession Certificate.

2. It appears in absence of any Will all there of you have inherited the flat in equal share.

3.So on production of succession certificate the society is duty bound to issue share certificate in the name of all there of you unless any of you relinquish your sahre in favour of another.

4.Succession certificate proceedings takes around 6-8 months time.

NO AFFIDAVIT FROM MAGISTRATE WILL DO.

So if you require further assistance on getting succession certificate you may feel free to contact.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

1)you should obtain letters of administration in name of the legal heirs

2)you need probate only if your deceased father left a will

3) succession certificate is only for movable property

4) LA would take around 6 months

5) letter from magistrate would not suffice

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

please note that succession certificate is only for movable debts and securities

2) number of judgments on said issue

3)legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

A succession certificate, issued by the court after necessary investigation, establishes who the legal heirs are and grants them the authority over the debts, securities and assets of the deceased. It also mentions the relation of the petitioner with the deceased, details of other surviving legal heirs, the time, date and place of death of the deceased and that the deceased died intestate.

A petition needs to be filed with the district court or high court within whose jurisdiction the asset is located.

Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908.) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity

thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

Details: The name and relationship of the petitioner, names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.

Process: The certificate is granted by a competent civil court after you file an appropriate petition mentioning the details of legal heirs, property etc. The court will thereafter issue notices to all the legal heirs to attend the proceedings. The court typically issues a notice in the newspapers for a given period (generally 45 days). If no one contests the petition on the expiry of this period, the court passes an order for issuance of succession certificate.

Procedure on application.-(1) If the District Judge is satisfied that there is ground for entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing--

(a) to be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and

(b) to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right to the certificate.

(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to him.

(3) If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.

Fees: The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate.

Court having jurisdiction to grant certificate.-

The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.

Points to note

1. The court fee has to be paid in the form of judicial stamp papers of the required amount, after which the certificate is typed, duly signed and delivered.

2. In addition to the court fee, the lawyer's fee also needs to be taken into account.

3. If the petition is not contested, the court usually issues a succession certificate in five to seven months.

4. You have to approach the civil court by filing a petition along with the property details, legal heirs and the death certificate of the property owner to obtain succession certificate.

Ajay N S
Advocate, Ernakulam
3624 Answers
71 Consultations

5.0 on 5.0

If father bequeathed a will then you can choose Probate or Letter of administration. Other wise as per your query with regard to the concern of Cooperative bye-law succession certificate is the only remedy. Other wise legal heirship certificate is enough for transfer .

Ajay N S
Advocate, Ernakulam
3624 Answers
71 Consultations

5.0 on 5.0

1. Your father died without making a will there is no question of probate.

2. You and your siblings can file a petition for the grant of succession certificate in the competent court.

3. The cost will be the fee of your lawyer and the court fee. Since the court fee is not uniform across India only a local lawyer can tell you what it is,

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Costs can be informed if you contact privately.

Presence of 3 legal heirs is not required.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

In absence of Will, Legal Heirship sworn before the Ld Magistrate will serve the purpose and the captioned flat will be divided among three owners each having undivided 1/3rd share in the particular flat according to Hindu Succession Act 1956.

Thank u

Ayan Mitra
Advocate, Kolkata
7 Answers

5.0 on 5.0

File a succession suit before the District Judge to obtain the succession certificate.

Physical presence of the parties, at least on one occasion will be required.

The whole process of grant of succession certificate will take 6-8 months.

Vibhanshu Srivastava
Advocate, New Delhi
9126 Answers
179 Consultations

5.0 on 5.0

yes,all the legal heirs shall be the party to the suit..the cost of proceedings shall involve lawyer fees which is not standard and depends upon each lawer

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

Hello

You will have to obtain the succession certificate from the lower court,

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

A lawyer can charge somewhere between 30-50 thousand to procure the same for you

presence of all the legal heir is necessary

Let me know if you need my associate at Kolkatta to help you out.

Regards

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

You can do the same by way of succession certificate in your name.

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

The letter of administration or succession certificate will involve due process of law and both will take same time and the fee as well as the costs for both will be same, except for succession certificate the stamp duty will be involved.

You may better go for letter of administration.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

What will be the approximate cost involved for procuring a succession certificate , and is the presence of al the 3 legal heirs necessary during the court proceedings ?Considering , we are out of station most of the times.

The costs, i.e., the court fee and the lawyer's fee may be enquired from the lawyer who you may propose to engage because it is a local subject

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Hi,

As suggested the best way is of succession certificate and the cost may be confirmed from a local advocate there.

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

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