Succession Certificate for our Industrial Gala
The property ( Industrial Gala in the Industrial Estate in Mumbai) was purchased from the builder by my Late husband. The Gala is closed as no activity is going on there. I along with my two children am the legal heir. I do not have any Father or Mother In Laws.
The maintenance receipts even today are being issued in the name of the builder because my Late husband was not yet a member of the Co.Op.Sct.
Out of the 103 members only 93 members are registered with the society as members.
The maintenance bills are being sent in the name of the builder but are being duly sent to my Late husbands office by post and addressed to my husband.
My Husband was paying all the property tax and maintenance till the date he expired. Thereafter, I have continued to pay the dues by cheque through my account.
Now after applying for membership to the society, they are refusing by saying I should get a succession certificate only after which I shall be accepted as a member.
My question:
The society has been addressing all maintenance and property tax bills to my brothers address.
I requested them to accept the application and also requested them to accept my bond, indemnifying the society from any claims from anyone in future.
I have even agreed to submit an affidavit cum bond from my son, 25 years old and daughter, 22 years old, stating that they have no objection in the gala being put in their mothers name.
Have also agreed to submit an unregistered copy of my husbands will stating that the gala be transferred in my name.
Is the society's demand to bring a succession certificate justified.
Can I challenge the demand through lawyer without having to go through the lengthy process of succession certificate procedures or court cases against the society.
Your advice would definitely help me in taking some decisive step.
Lubaina A.B.
Asked 8 years ago in Property Law
Religion: Muslim