Flat switch: can a co-op society insist on succession certificates?

I’m a 70-year-old lady dwelling with my solely son within the US. My husband and I collectively bought a flat in Mumbai’s suburbs from a builder in 2012. The flat buy settlement was registered by way of energy of lawyer (POA).

My husband died earlier than the co-operative society was fashioned. When I requested the society to concern me a share certificates, its managing committee insisted that I submit a succession certificates. But, getting that entails a really prolonged process, many visits to the courtroom and cost of stamp obligation, and so on. I need to know if the stated society can insist on a succession certificates.

Also, what’s the best method to get a share certificates instantly in my identify?

Alternatively, if my son executes a launch deed in my favour, affidavit, or indemnity in favour of society, will it suffice ?

—Name withheld on request

We perceive that you just and your husband had undivided equal share in rights, title and curiosity within the flat.

As per the related provisions of the Maharashtra Co-operative Societies Act, 1960, on the dying of a member of a society, the society shall switch share, proper, title and curiosity within the property to the individual or individuals who’re entitled to inherit it based mostly on testamentary paperwork or succession certificates or authorized heirship certificates or household association doc. The provision mandates the doc based mostly on which the transferee claims inheritance and/or succession to the flat. Therefore, the society has the correct to insist on a succession certificates.

While you might apply for the succession certificates or for probate (incase if the deceased has left a will inside your information), you may method the society for admitting you as a provisional member within the interim till and until the succession certificates is obtained by you.

As for the share certificates, you might apply to the society by submitting vital kinds enclosing your settlement on the market/sale deed in respect of the flat by advantage of which you alongside together with your deceased husband is joint proprietor of the flat.

You might execute a launch deed together with your son in your favour which needs to be duly stamped and registered when it comes to the relevant legal guidelines regarding it.

Aradhana Bhansali is accomplice, Rajani Associates.

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