Hi,
On the basis of succession certificate, get issued share certificate jointly and then sell the same jointly. no role of society in sale of flat.
Housing Co-operative Society
My mother in law died on 11.02.2019 leaving 3 daughters and ownership of a flat in Salt Lake,Kolkata which is under Ma Cooperative(Phase-II) Housing Cooperative society. Legal heirship certificate from councilor of local municipality and an affidavit by 1st class magistrate were obtained in favour of 3 daughters. She executed a nomination in favour of 3 daughters on the prescribed format of the above society on 18.02.2002 i) Is it necessary for daughters(legal heirs) to continue membership of society or can opt out? ii) Whether share certificate can be issued by the society in favour of 3 daughters jointly? iii) As the flat will be sold out,whether sale deed will be valid if it is signed by 3 daughters on the basis of above documents without intervention of the society?Whether any letter to be issued to the society in respect of sale of the flat or death of the owner? iv) Please advise formalities to be observed in this regard.
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
1. They have to be member of co-operative society. They cannot opt out.
2. Yes joint share certificate shall be issued.
3.Noc from society can be demanded by buyer. Based on above document and share certificate it can be sold.
4. Further mutation in property records is also required.
1) flat has to be transferred in name of 3 daughters
2)society can issue share certificate in name of 3 daughters jointly
3) daughters can execute sale deed for sale of flat
4) obtain NOC from society for sale of flat
If any daughter dose not want to inherit mother property, she can release her share.
Share certificate will issue in joint name or can give NOC in favor of other daughter.
Daughters can sell to any , no say of society. Buyer will ask for NOC from society of no dues only.
1. Yes share certificate can be issues on their respective shares.
2. Yes sale deed is valid.
You may need noc of society if the buyer is buying on loan
1. The three daughters are already the m,embers of the Society. Anyone can opt out by conveying title of her share of the flat in favour of anotrher sister or a third party and in that case, her membership will be transferred in favour of the other sister/person.
2. The share certificate will have all the title holders names.
3. The sale deed will be valid if it is legally exzecuted and registered. However, the dues of the Society shall have to be cleared first for which the buyer will seek NOC from the said Society.
4. Make sure that the dues of the Society is cleared. Arrange for a buyer of the said flat. Arrange for a NOC to be issued by the Society. Register the Title Deed to be executed by all the title holders of the said flat. The buyer will then become the member of the Socety and share certificate will be issued in his favour. In Salt Lake, most of the Societies demand hefty amount as donation for issuing NOC which is ordinarily paid by the buyer.
flat has to be transferred on all legal heir, society can issue share certificate in joint name of all 3 daughters. for sale of flat joint owners should obtain permission
1. Well if any daughter s not willing to continue with the membership she at the first place is free nt to apply for transfer of her share itself.Later once can resign her share certificate.
2. Yes
3. Yes without NOC of society also the flat cab be sold.
4. If you do not want to hold this property the sell it off straightway. .
1. Daughters can authorize one among them to continue the membership in the society by others giving NOC.
2. Yes if they opt for that.
3. The society should give NOC for selling this flat.
4. It is just another sale of property for which the document writer will guide you about the necessary formalities.
Hello,
Yes it is necessary to continue membership of society and they cannot opt out.
Yes the share certificate will be issued on joint name of 3 daughters.
Yes the sale deed should be signed by all the daughters and they can sell the flat without intervention of society.but buyer can demand NOC from society.
