• Registrered gift deed between mother and son - flat

Flat in Cooperative society was being purchased 15 year back in the name of mother . Mother has two son and 4 daughter . Mother stay with younger son . Elder son is staying at his own flat at different location since 15 year . During father was alive a notarised deed of settlement was made . 

Now ,

Registered Gift deed executed between mother and younger son  on 25th July 2016 . All document handed over to society along with Indemnity Bond on 1st Aug 2016. Society has not till now responded on my application . Although twice committee meeting were held . During casual / friendly talk with chairman , he said that he required NOC from all son and daughter of mother . For this, mother said that it is my personal discission to whom i want to gift . Thereafter chairman ask me to give Indemnity bond from me . which i have submitted to society . Still they are not processing it . 

Currently father has expired since last 5 year . Mother( Who is whole and sole owner since purchase )  is alive as of now . And Mother is denying for taking noc from other for society . 

My question are : 
1] What should we do if society holds our transfer inspite Indeminity bond given bond ? 

2] If we required to go to registrar then what would be it exact procedure ? 

3] Even after approaching the registrar , society ask for noc then what should we do ? 

4] Is there any case law or any rule or any section which we can submit in paper to society through which they can process transfer ? 

Can u pls guide us on this matter . What should be done further ?
Asked 4 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
Complain to deputy registrar cooperative societies against society refusal to transfer flat 

2) registrar will issue notice to society 

3) after hearing both parties pass order directing society to transfer flat 

4) if mother is absolute owner of society NOC  of other legal heirs is not required 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
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1) your application was made to society only on 1st august 2016 . i presume you have acknowledgment of receipt of application from the society 

2) wait  for society response 

3) if society does not reply within period of 3 months  from date of application for transfer of flat then apply to deputy regsitrar for deemed membership

4) you dont need to engage a lawyer for said purpose
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1] What should we do if society holds our transfer inspite Indeminity bond given bond ? 

What is the reason that the society demanded the indemnity bond from you?
There is no reason for the society to demand indemnity bond from you for this transfer of share certificate in respect of the property which has been transferred by executing a registered gift deed in your favor by your mother who is the absolute owner of the property.
If the society is behaving atrociously then you may issue a legal notice to the society demanding the relief, failing which the society may be dragged to consumer court or a complaint agaisnt the society may be lodged with the registrar of cooperative societies seeking to intervene and direct the society to issue the transfer certificate as per bye laws of the society.





2] If we required to go to registrar then what would be it exact procedure ? 

Move an application narrating all the bitter experiences you had with the society MC members, venting out your grievances in this regard and seek the registrar's intervention in this.




3] Even after approaching the registrar , society ask for noc then what should we do ? 

File a case before the consumer court or the cooperative court seeking relief.





4] Is there any case law or any rule or any section which we can submit in paper to society through which they can process transfer ? 

The society bye laws are very clear, you can demand the same from the secretary of the association  and ask him that under which clause he is demanding NOC or any other issue in this regard. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
Sir i would like to request you , pls assign any good and faithful person of yours who can be with me for all making application to deputy registrar cooperative societies as i am not in postion to do all formalties myself . 
Or 
can u pls assign any local lawyer My Society is located at Ghatkopar east , Mumbai 75 .


This forum will not assign any lawyer to you. 
You only have to choose any lawyer of this forum  who practice in Mumbai and request him/her to take up your case on their terms.
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
1. If the property was absolute property of the mother then she had an indefeasible right to gift or alienate it at her desire. Once the gift deed is made then NOC is not required from other heirs of your mother to issue the share certificate. The society is wrong in demanding it. You should apply for mutation to the sub-registrar, and if even after mutation being sanctioned the society does not allow your application then you can file a suit for declaration to issue binding directions from the court to the society to mutate your name.

2. You are free to engage any Mumbai based lawyer from this portal.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0

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