This week, I will address some crucial issues that many members of a cooperative housing society (CHS/Society) often face, particularly related to property rights and inheritance disputes. One of the key questions involves a case where a family member has been left out of a release deed after the death of their mother, raising concerns about fraudulent transfers and the legal complexities that follow. We will also explore what steps can be taken to rectify such a situation, including how to challenge a faulty release deed and cancel fraudulent gift deeds through court intervention.
Additionally, I will be covering the issue of pest control within housing societies, where non-cooperation from one resident can lead to health and safety concerns for the entire building. We will discuss how the managing committee and individual residents can escalate the matter with the local municipal authorities to ensure proper action is taken. Both situations highlight the importance of understanding legal rights and processes to safeguard property and well-being in a housing society.
Fraudulent Release and Gift Deed
Question: My mother owned shares in two properties in Kandivali. After her passing, without leaving a Will, she left behind four legal heirs—my father, two brothers, and me. My father and two brothers prepared a release deed, transferring their property rights to my father. However, my name was not included in the release deed and, in the legal heir affidavit, they falsely mentioned that only three legal heirs survived my mother. They then used this fraudulent release deed to have my father gift the entire property to one of my brothers. The Society raised an objection after receiving my notice, but my brother managed to get an ex-parte order from the registrar. My questions are:
1. Can I have the release deed rectified through a court order and have my name added?
2. If my two brothers have released their rights, will my share in the property increase?
3. How can I cancel the gift deed?
Answer: To address these issues, you should file a testamentary petition in the testamentary division of the Bombay High Court with the help of a qualified lawyer experienced in property and inheritance matters. You can challenge the release deed and seek a court order to add your name by doing so. You are entitled to 25% of your late mother's properties and the court can help rectify this omission.
Regarding your second question about your two brothers relinquishing their rights, your share in the property will increase proportionally. Lastly, to cancel the fraudulent gift deed, your lawyer needs to challenge it in court, citing the incorrect release deed and any fraudulent actions involved in transferring the property.
Administrator Refuses To Acknowledge Membership
Question: My grandfather transferred his slum rehabilitation authority (SRA) flat to me through a gift deed in 2012, after the 10-year lock-in period, and we paid the required stamp duty at that time. The Society accepted the transfer and updated my name on the share certificate. However, now that the managing committee has been dissolved and an administrator appointed by the registrar is in charge, the administrator says my name is not listed in the 'I' register, so I am not officially a member. He also mentioned that I need to follow some procedure with the SRA. What should I do?
Answer: It appears that the earlier managing committee made an error by not updating your name in the I-form (and possibly the J-form and share register as well). It is now the administrator's responsibility to correct this oversight. You should submit a written request to the administrator asking for your name to be updated in the necessary registers. If the administrator fails to act, you can lodge a complaint against him with the SRA deputy registrar of cooperative societies, whose office is located in the SRA building in Bandra (East), in Mumbai.
Additionally, if there are any procedures required by the SRA, it is the administrator's duty to inform and guide you through the process at no extra cost. If needed, consult with a lawyer to ensure the correct steps are followed.
Pest Control in Residential Flats
Question: One of the flat-owners in our Society refuses to do pest control in his flat and, as a result, the other residents on the floor are facing issues with cockroaches entering their homes, despite having done pest control in their flats. How can the managing committee address this issue and compel the flat-owner to take action?
Answer: The managing committee can address the issue through a formal complaint to the local municipal ward officer. It would be more effective if the Society files the complaint on its official letterhead, as this adds credibility and urgency. Even if an individual resident files a complaint citing health concerns due to the pest problem, the municipal ward officer is obligated to take action against the flat-owner. Ensuring a pest-free environment in the building is a health and safety matter and the municipality can enforce necessary measures to resolve the issue.
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
