Share certificate transfer
2 years ago
My father(was the secretary of the housing society)passed away leaving no nominee to his flat(which is in the same housing society)because the nomination paper was given to members of the society only after his demise. (He was a central government employee and my mother receives her window pension and my brother got job on compasionate basis). After his demise, the president, chairman of the society took 6000Rs(+our photos, other details etc)from our uncle claiming to transfer shares of the flat in our names(me, my brother and our mother). We then went back to our village believing that shares had been transfered(at that time we were not aware of the legalities involved). Meanwhile the secretary changed more than 2 times and 2 years back the new secretary said shares are not transferred yet. The secretary behaved as if don't know the rules involved in carrying out procedure, infact we researched and found out what all documents were required to carry out the share transfer procedure and given the documents to him. And he took all the documents required from us( indemnity bond, copies our father's dead certificate, our birth cerficates, our parents marriage certificate etc) and so far he has not carried out the procedure required( he had demanded more than Rs15000 each for publishing the matter in two newspapers(he wants a long notice to be published) and when we went to the press and enquired ourselves they said that much amount is not required usually for publishing such matters. Thus he is making excuses to somehow stop the procedure(may be he is indirectly asking us for bribe, don't know) nor is he returning the documents given to him. Please advice us on what is to be done by us to transfer the share/property in our name? What more documents are required? Can we make a complaint to the registrar, will he direct the secretary to carried out the required procedure?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
send complaint to society registrar. secretary will start dancing.
If your secretary fails to complete your work and creates excuses to accept a bribe, you should contact the society's board of directors or the president to have your work completed. If the society's committee fails to assist you, you may file a bribery complaint with the police under section 171 of the Indian Penal Code. Also, write a letter of complaint to the Registrar in charge of the state's Society registration.
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Please discuss in person.
Anyways you should complain this to all other society members and all the office bearers in GM that he has taken money for the work but still not done that. Also write a grievance letter to the Registrar who take care of the Society registration in the state.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If secretary doesn't carryon with your work and makes excuses to take bribe then you should complain to society board members in the meeting or its president to get your work done. If no help is provided by society's committee then you complain of bribery under section 171 of IPC to police.
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Vaidehi Samant
Responded 2 years ago
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