Flat in a CHSL society purchased in Father and Mother name in 1984. Father died in 2001 and mother in 2007 without will. Flat transfered through nomination. In 2024, I applied for LOA from Bombay High Court for the same flat. I then prepared Transfer Deed in my name. Go NOC for sale of flat from society. Sold to third party. Now, society is not transferring flat saying that you had brother sister and made LOA fraudlent.
Brother and sister must have executed consent affidavit in HC
complain to registrar if society is not transferring flat in favour of buyer
1. In LOA petition, some condition mentioned as will is not traceable and only son which is a true case. 2. No affidavit in HC and society does not have any record.
Did you disclose name of your siblings or not in application for LOA .kindly clarify
No ... I was the only son in the petition.
In LOA you should make all heirs party. Otherwise need to submit noc from all legal heirs and death certificate to society along with indemnity bond
I don't have brother and sister to make them party.
Do you really have siblings and if yes did they consent in your favour for being granted LA
If you don’t have any siblings there is no suppression of facts in LOA .
society is bound to transfer flat
if it refuses complain to registrar
Act as mentioned herein above
Since the property was in your parents’ joint names and both passed away intestate (without a will), you rightly applied for a Letter of Administration (LOA) from the Bombay High Court, stating you are the only legal heir and that's accurate as you have no siblings. You got NOC from the society and executed a valid transfer deed, after which the flat was sold to a third party.
Now, if the society is claiming the LOA was fraudulent without any basis or proof especially when the LOA was granted by the High Court and no other heirs exist they are overstepping their authority.
You can do the following:
1. Send a formal legal notice to the society demanding transfer, citing the LOA and sale deed.
2. Mention clearly there are no other legal heirs and that the LOA was issued after due process by the HC.
3. If they still delay, file a complaint before the Deputy Registrar of Co-operative Societies or approach the Consumer Forum or Cooperative Court for grievance redressal.
The society cannot sit in judgment over a valid LOA unless someone legally challenges it.
Based on the information you've provided, here's an analysis of your situation and potential next steps:
Understanding the Core Issue:
The society is refusing to transfer the flat, alleging that your Letters of Administration (LOA) were fraudulent because you supposedly had other siblings who were not included in the petition. Your assertion is that you are the only son and therefore the LOA accurately reflects the situation.
Legal Principles at Play:
Letters of Administration (LOA): When someone dies without a will (intestate), an LOA is granted by a court to an heir, giving them the legal authority to manage and distribute the deceased's estate. The court granting the LOA (in your case, the Bombay High Court) presumes the information provided in the petition to be true and correct at the time of granting.
Presumption of Regularity: Court orders and grants (like LOA) carry a presumption of regularity. This means they are presumed to have been properly obtained unless proven otherwise.
Society's Role: A housing society's role in a transfer is generally administrative. They are typically bound to act on valid court orders and proper documentation. They are not usually empowered to "overturn" a High Court order or conduct their own independent investigation into heirship claims once an LOA is granted, especially without specific legal grounds or a court directive.
Fraud: Allegations of fraud are serious and require strong proof. The burden of proving fraud lies with the party alleging it (in this case, the society, though they are not the direct aggrieved party here).
Analyzing Your Points:
"In LOA petition, some condition mentioned as will is not traceable and only son which is a true case." This is crucial. If your petition truthfully stated that you were the only son and that no will was traceable, and the High Court granted the LOA based on this, then the LOA is valid.
"No affidavit in HC and society does not have any record." This point is a bit unclear.
"No affidavit in HC": It's highly unusual for an LOA to be granted without an affidavit from the petitioner affirming the facts stated in the petition (e.g., heirship, absence of will). You would have submitted an affidavit as part of your LOA petition. Perhaps you meant "no additional affidavit" after the initial petition, or that there's no separate affidavit specifically addressing the society's current concern.
"society does not have any record": This likely means the society has no record of any other siblings being declared or mentioned in their own previous records for the flat. This supports your position that you are the only son.
Addressing the Society's Stance:
The society's refusal to transfer the flat, claiming "fraudulent LOA" and citing the existence of alleged siblings, appears to be an overreach of their authority, especially since you have a High Court order (LOA).
What You Should Do:
Re-examine Your LOA Documents:
Carefully review your copy of the Letters of Administration granted by the Bombay High Court.
Confirm the exact wording regarding heirship (e.g., if it states you are the "sole heir" or "only son").
Locate the affidavit(s) you filed as part of the LOA petition. These will explicitly state what you declared to the High Court regarding your family and the absence of other heirs.
Formal Communication with the Society:
Send a formal legal notice to the CHSL society through an advocate.
Key points to include in the notice:
Reference the Flat number, your name, and the details of the purchase and subsequent transfer through LOA.
Emphasize that the Letters of Administration were granted by the Bombay High Court, a competent judicial authority.
State unequivocally that you are the only son of your deceased parents and that this fact was accurately represented to the High Court in your LOA petition.
Mention that the LOA is a valid court order and the society is bound to act upon it.
State that the society's refusal to transfer the flat is illegal and without basis, particularly since they are alleging "fraud" without any legal authority to do so or any proof.
Demand immediate transfer of the flat as per the sale agreement with the third party and the NOC previously issued by them.
State that if they fail to do so within a stipulated period (e.g., 7 or 15 days), you will be compelled to initiate appropriate legal proceedings against them, including seeking specific performance of the transfer, damages, and costs.
Consider Legal Action (if the notice fails):
If the society persists in its refusal after receiving the legal notice, your primary recourse will be to file a suit for specific performance against the society in a civil court (or potentially the Co-operative Court if applicable, though a High Court LOA makes a civil court more likely).
You would seek a court order compelling the society to transfer the flat.
The society would then have to prove their allegations of fraud in court, which would be difficult for them given your LOA.
You could also consider filing a complaint with the Registrar of Co-operative Societies, though a civil suit is usually more effective for compelling action.
Important Considerations:
Society's Motivation: Try to understand why the society is suddenly raising this issue. Is it a disgruntled member? A new committee? Are they genuinely mistaken, or do they have some (misguided) information?
Proof of "Only Son": While your LOA is strong evidence, in a court case, you might need to further demonstrate that you are the only son, if challenged. This typically involves family records, birth certificates, or affidavits from other relatives (if any). However, the primary burden to prove fraud would be on the society.
Legal Counsel is Essential: You absolutely need to work with a lawyer experienced in property law and co-operative society matters in Mumbai. They can draft the legal notice, guide you through potential court proceedings, and represent your interests effectively.
Then your loa taken from Hc is more than enough
LOA (Letter of Administration) is an official court document issued for the purpose of giving authority to a person (it is granted) to administer all the estate of a deceased person. It is issued in case when a person dies intestate (without leaving a Will).
If your parents were not survived by any other legal heirs other than you then the society cannot take objection to this LOA for any reason, especially if it is an order by high court then the society cannot refuse to accept the orders passed in this regard, it can be considered as contempt of court order.
The society cannot make bald allegations at this stage especially when they have already given NOC for transfer of this flat's share certificate to your name. But always remember tht the transfer of share certificate to your name alone will not confer title to your name, you should have got the property mutated to your name after which the society cannot question your title for any reason.
You can approach Deputy registrar of cooperative society with a complaint against the society for this act of refusal and making bald allegations fraud LOA etc and seek remedy against the society
If the high court has granted LOA to you on the basis of the proper trial of the cse before it then the society cannot suspect the court order neither can overstep their authority in this regard.
You say that you are the only son in the petition, it means you have other siblings also without being mentioned in the petition for LOA?
If you do not have siblings at all then yo could have obtained a legal heirship certificate through the local revenue department which would have solved the problems.
If the estate comprises of both immovable and movable assets or only immovable assets then Letters of Administration is required from the court to administer the estate of the deceased. In your case you say that you do not have any siblings at all then nothing prevents you from taking legal action agaisnt the society for their intentional refusal on some flimsy grounds without ascertaining the background details.
If your housing society in Maharashtra refuses to issue a No Objection Certificate (NOC) for the sale of your flat, even after you've cleared all dues, you can file a complaint with the Deputy Registrar of Cooperative Societies. You can also consider sending a legal notice or approaching a consumer court as further steps. If the refusal is unjustified, you can send a show cause notice through a lawyer, demanding the NOC.
person holding a Letter of Administration (LOA) cannot generally sell immovable property without court permission, especially if the property belonged to a deceased person.
While the LOA grants authority to administer the deceased's estate, specific restrictions and conditions apply, including limitations on the sale of immovable property.
The administrator's powers are defined by the Indian Succession Act, 1925, and the court order granting the LOA.
it empowers the administrator to handle the deceased's assets, including immovable properties like land and buildings, as if they were the executor. This includes settling debts, resolving claims, and distributing assets, including immovable properties, to the legal heirs.
Specifically, Section 307 of the Indian Succession Act restricts the sale of immovable property by an administrator without court permission.
A person holding a Letter of Administration (LOA) cannot generally sell immovable property without court permission, especially if the property belonged to a deceased person.
While the LOA grants authority to administer the deceased's estate, specific restrictions and conditions apply, including limitations on the sale of immovable property.
The administrator's powers are defined by the Indian Succession Act, 1925, and the court order granting the LOA.
Specifically, Section 307 of the Indian Succession Act restricts the sale of immovable property by an administrator without court permission.
The court granting the LOA may include specific directions regarding the sale of property, which the administrator must adhere to.
If an administrator sells immovable property without the required court permission, the sale may be deemed voidable at the instance of any interested party.
The sale could be challenged in court, and the purchaser may not acquire valid title to the property.
A person holding a Letter of Administration (LOA) cannot generally sell immovable property without court permission, especially if the property belonged to a deceased person. While the LOA grants authority to administer the deceased's estate, specific restrictions and conditions apply, including limitations on the sale of immovable property. The administrator's powers are defined by the Indian Succession Act, 1925, and the court order granting the LOA. Specifically, Section 307 of the Indian Succession Act restricts the sale of immovable property by an administrator without court permission. The court granting the LOA may include specific directions regarding the sale of property, which the administrator must adhere to. If an administrator sells immovable property without the required court permission, the sale may be deemed voidable at the instance of any interested party. The sale could be challenged in court, and the purchaser may not acquire valid title to the property.
A person holding a Letter of Administration (LOA) cannot generally sell immovable property without court permission, especially if the property belonged to a deceased person. While the LOA grants authority to administer the deceased's estate, specific restrictions and conditions apply, including limitations on the sale of immovable property. The administrator's powers are defined by the Indian Succession Act, 1925, and the court order granting the LOA. Specifically, Section 307 of the Indian Succession Act restricts the sale of immovable property by an administrator without court permission. The court granting the LOA may include specific directions regarding the sale of property, which the administrator must adhere to. If an administrator sells immovable property without the required court permission, the sale may be deemed voidable at the instance of any interested party. The sale could be challenged in court, and the purchaser may not acquire valid title to the property.
A person holding a Letter of Administration (LOA) cannot generally sell immovable property without court permission, especially if the property belonged to a deceased person.
While the LOA grants authority to administer the deceased's estate, specific restrictions and conditions apply, including limitations on the sale of immovable property.
The administrator's powers are defined by the Indian Succession Act, 1925, and the court order granting the LOA. Specifically, Section 307 of the Indian Succession Act restricts the sale of immovable property by an administrator without court permission.
The court granting the LOA may include specific directions regarding the sale of property, which the administrator must adhere to. If an administrator sells immovable property without the required court permission, the sale may be deemed voidable at the instance of any interested party.
The sale could be challenged in court, and the purchaser may not acquire valid title to the property.
You can also approach consumer forum against society refusal to transfer share certificate
also seek litigation costs and compensation for mental torture undergone by you
The administrator is legally empowered to manage the deceased's assets, including selling property
The administrator is legally empowered to manage the deceased's assets, including selling property
permission from the court that granted the Letter of Administration (LoA) is generally required for the sale of property by the administrator. This is specifically mandated by Section 307 of the Indian Succession Act, 1925.
Hi,
You can issue legal notice by narrating all the facts through your counsel by enclosing all the relevant material such as Order of the Bombay High Court and other documents which are in your favour.
If they do not respond to the same, then you can approach appropriate court of law for seeking necessary relief.
Dear sir,
it is suggested that you oppose the action of the society and file complaint to the registrar of society against the said action of society. In addition, file contempt petition against the society before the High Court.
Whether a permission from Bombay High Court is required for sale of property whom LoA is granted ? The flat is already sold and sale deed is registered with following annexures:- 1. Sale Deed 2. LoA 3. Transfer Deed 4. Death certificate of parents 5. NOC for sale of flat from society
No need for any permission of court after you have loa
You have a valid LOA from Bombay High Court as the sole legal heir and completed all legal formalities, including sale deed registration and society NOC.
Submit certified copies of LOA, Transfer Deed, Sale Deed, and Death Certificates to the society again.
If the society still refuses to transfer without valid proof of siblings or fraud, send them a formal legal notice demanding compliance.
If they continue to delay or deny, file a writ petition in Bombay High Court seeking directions to the society to transfer the share certificate.
Maintain copies of all communications and documents as evidence.
When parents pass away without a will, all Class I legal heirs under the Hindu Succession Act (such as sons, daughters, spouse) acquire a right in the assets, including immovable property like a CHSL flat. A nomination recorded with the society lets the nominee manage the property, but the nominee does not become the sole legal owner if there are surviving heirs—the nomination is primarily for administrative convenience, not for absolute ownership.
Securing a Letter of Administration (LOA) from the Bombay High Court is the correct legal process to administer the estate of someone who has died intestate. The LOA enables the administrator to deal with the property (including transfer or sale), but the process requires that all legal heirs be notified or made parties to the proceedings. If siblings (your brother and/or sister) were not disclosed or served notice during the LOA process, they may challenge the LOA and the consequent transfer.
In your case:
If your siblings were left out of the LOA proceedings, the society (or any aggrieved heir) can question the legitimacy of your LOA and challenge the transfer as being obtained by fraud or suppression of facts.
The society, as the custodian of member records, has the responsibility to safeguard all legal heirs’ interests. If an objection is received or a dispute is apparent, it is within the society’s rights to pause the registration until legal clarity is obtained.
How to proceed:
Review your LOA to confirm whether all legal heirs were disclosed, and that legal process was served correctly. If there are gaps, your siblings could rightfully contest the transfer.
If you anticipate or face a legal challenge, seek advice from a property and succession law advocate. Your lawyer can help you establish that the LOA was obtained bona fide and that you acted per the court’s direction.
If your siblings are willing, you may consider a family settlement or consent affidavit to regularize the transfer.
If the society’s objections have no legal backing (i.e., all heirs were notified and consented, or court procedure was fully followed), your advocate can issue a legal notice to the society or approach the appropriate court for directions to effect the transfer.
Hence, The society is justified in raising the issue if due process under succession law appears not to have been followed, but cannot arbitrarily deny registration if the LOA was properly obtained with full disclosure and participation (or due notice) for all heirs. If challenged, a judicial confirmation may be necessary.
If you need, I can assist in reviewing your documents, issue legal communications, or represent you before the society or courts for a resolution. Please feel free to contact me for a professional consultation and to discuss next steps tailored to your specific circumstances.
If you have a valid Letter of Administration (LoA) from the Bombay High Court, a registered transfer deed in your name, and a registered sale deed to the buyer, the society is legally bound to transfer the share certificate.
Once LoA is granted, you do not need fresh High Court permission to sell the flat. If the society refuses, send a legal notice and, if required, file a complaint before the Deputy Registrar/Co-operative Court.
Unless someone proves that the LoA was obtained fraudulently, the society cannot block the transfer just on suspicion.
Dear Client,
No. This is not necessary. Both your parents have dies intestate after which you obtained a declaration from the Bombay High Court acknowledging yourself as the rightful legal heir of the property. In addition to this, the LoA gives you further legal authority to administer the estate, including its sale. This enjoys the statutory backing of section 219 of the Indian Succession Act, which expressly allows the administration where there is not executor or will and does not additional permission to sell the property. Hence, unless the LoA restricts you from doing so, you need to seek specific permission from the Court to effectuate the sale of the property.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
If a Letter of Administration (LoA) has already been granted by the Bombay High Court, and the flat has been sold with all essential documents annexed including the Sale Deed, LoA, Transfer Deed, parents’ death certificate, and the society’s No Objection Certificate (NOC) then typically, no separate permission from the High Court is required for the sale.
The LoA gives the holder legal authority to administer and deal with the estate, including selling the property, as long as it's done in accordance with law. Since the sale has already been completed and registered with all required documentation, the act is considered valid, and further court permission is usually not necessary unless there was a specific condition attached to the LoA.
Whether a permission from Bombay High Court is required for sale of property whom LoA is granted ?The flat is already sold and sale deed is registered with following annexures:- 1. Sale Deed 2. LoA 3. Transfer Deed 4. Death certificate of parents 5. NOC for sale of flat from society
Yes, permission from the court that granted the Letter of Administration (LoA) is generally required for the sale of a property. According to Section 307(2)(ii) of the Indian Succession Act, 1925, an administrator cannot sell immovable property without the specific permission of the court. This is to ensure the sale is in the best interest of the deceased's estate and all legal heirs. A sale conducted without this permission is considered voidable at the instance of any other person interested in the property.
Why Court Permission is Necessary
A Letter of Administration appoints an individual, called an administrator, to manage the estate of a person who died without a will (intestate). While the LoA gives the administrator the authority to manage the estate, it doesn't automatically grant them the right to sell immovable property. The court's role is to act as a safeguard to prevent the administrator from misusing their power. This is particularly important because the administrator is holding the property in a fiduciary capacity, meaning they are acting on behalf of the beneficiaries (the legal heirs) of the estate.
Your Registered Sale Deed
Given that the sale deed is already registered with the listed annexures, including the LoA, it's crucial to understand the legal implications. The inclusion of the LoA indicates that the property was part of an intestate estate. However, the absence of a separate court order granting permission for the sale could make the transaction vulnerable to a legal challenge. Even though the sale deed is registered, if a legal heir who was not a party to the sale later objects, they can apply to the court to have the sale declared void. The annexures you've provided, such as the Transfer Deed and NOC from the society, confirm the process of transferring the property, but they do not replace the mandatory court permission required under the Indian Succession Act for the sale itself.
It's highly recommended to consult with a lawyer specializing in property law to assess the specific details of your case and determine the best course of action to protect the interests of the buyer and ensure a clear title.