About four years ago, the ownership of a flat in a housing society, where I am the secretary, was transferred on the basis of a No Objection Certificate (NOC) and an advertisement in a local newspaper. The flat owner died intestate and the heirs have not filed any settlement deed. Is this a valid transfer?
– Name withheld on request
We assume that the owner was a Hindu and at the time of his death he was governed by the Hindu Succession Act, 1956. Since you have informed that the owner died without a will, his property will be transferred to his heirs as per the Hindu Succession Act. Legally, if a person dies intestate, a succession certificate or letter of administration needs to be obtained by a court of competent jurisdiction to effect the transmission of the deceased property.
However, in the present scenario, we assume that there was no transfer of the premises but a transmission which was done after the death of the owner in favor of one of his heirs, and to conclude the same, the beneficiary received an NOC. Will have to do from other successors and published a newspaper publication regarding the same. Since the parties have already acted on the aforesaid transmission and no dispute or claim has been made by any third party/s or other family members in the last four years, nothing can happen which will affect the society at this stage. should or should do.
I recently bought a flat in an apartment complex in Mumbai which is 28 years old. There is no transfer deed in the property. What are the procedures a housing society should follow at the time of its redevelopment?
– Name withheld on request
If the society does not have any transfer deed in its favour, this would mean that the developer/original owner still has some rights in the property which is the building structure standing on it as well as the land. However, this position has to be fact-checked from the agreements that the developer/owner had executed with the buyers of the flats in the building.
In any case, it is the responsibility of the developer/owner to fulfill his/her entitlement and convey the land to the society along with the building/s standing on it.
No redevelopment project can take place unless the transfer of property is in favor of the society.
The society should ideally and legally apply for a valid vehicle to the competent authority along with the required documents at the earliest. With this, the society will get legal rights and land ownership rights and rights will also be developed.
Aradhana Bhansali is a partner of Rajni Associates.