Transfer of the property after demice of the owner

Community Forums Legal Advice India Transfer of the property after demice of the owner

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    • #68121 Reply
      User_dfc3c13b
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        User_dfc3c13b
        PARTICIPANT
        January 23, 2025 at 7:54 am
        Owner was my father. This property is in mumbai. Property related all the documents I have with me. Co-operative society demanded succession certificate from us, so we have provided them succession as well. Still society is denying the ownership of property as adviced by their lawyer. Society is doing so because the property was a gift deed to my father by his brother. My father has 2 brothers as a siblings.when the property’s ownership first transferred from my grandmother’s name to the one of the uncle that time the other two brothers have given non objection noc to the society. After that the owner brother did gift deed on my father’s name.Each and every paper is transferred properly. Now the other uncle is saying that it is my mother’s property as well so I want a share. All though he was aware of the fact that gift deed has been done. He was okay with it by then. But after his demise now he has problem. We have the keys and all with us but I want transfer of the ownership
        What needs to be done? Society is asking for Idenmity bond only to transfer the name on share certificate and denying ownership calling it a legal dispute although there is no case in any court. Is it right thing to do ?
        Where to go?
        What to do?

      • #68122 Reply
        Pawanfox379
        Participant
          P
          Pawanfox379
          PARTICIPANT
          January 23, 2025 at 12:52 pm
          If youโ€™re a Hindu and your fatherโ€™s mother is alive she will have a clam to a share in his estate.

          Ask your dadi for a renunciation of her share (assuming she is agreeable to this).

          What does the Succession Certificate say about her share?

          • #68123 Reply
            User_dfc3c13b
            Participant
              U
              User_dfc3c13b
              OP
              January 23, 2025 at 6:12 pm
              Dadi is no more. My bad I forgot to mention that. After her demise they transferred the property. The succession certificate is on our side but society people and their legal advisor is denying.

              • #68124 Reply
                Pawanfox379
                Participant
                  P
                  Pawanfox379
                  PARTICIPANT
                  February 10, 2025 at 12:28 pm
                  If your Dadi passed away before your father your uncle can have no claim.

                  But why is the Society doing this? Was there a nomination in favour of this uncle? Are there pending dues?

                  Send the Society a lawyerโ€™s notice to force them to record their reasons.

                  • #68125 Reply
                    User_dfc3c13b
                    Participant
                      U
                      User_dfc3c13b
                      OP
                      February 10, 2025 at 4:10 pm
                      We did the same and finally we are going to receive our share certificate. So relieved after hearing that. Thanks for your comment ๐Ÿค—๐Ÿค—

                      • #68126 Reply
                        Pawanfox379
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                          P
                          Pawanfox379
                          PARTICIPANT
                          February 10, 2025 at 6:18 pm
                          Good!

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