Property transfer
6 months ago
My father-in-law's mother had a room in Mumbai BIT chawl. He lived there with his mother, daughter and wife. My father in law has 1 brother and 4 sisters out of which 1 sister is dead. My father-in-law's mother passed away in the year 1995. After that my father-in-law lived in that house along with his daughter and wife. He was taking care of the house alone. In the year 2008, that chawl was given to a private builder for redevelopment. At that time, my father-in-law entered into an agreement with the builder for redevelopment and the registration of the new house (flat) was done in his name. In the year 2013, he got possession of a new house. But after that, his brothers and sisters kept asking for rights (money) on that house. And my father-in-law refused to give it. Meanwhile the builder formed the society and transferred the members. The committee members of the society did not make my father-in-law a member of the society. He gave the copy of redevelopment agreement and other documents required for the same to the committee but they did not take notice of them. His wife passed away in the year 2014. My father-in-law passed away in the festival year 2019. So now that house is in the possession of my wife. She is his sole heir. So can that house be in her name now??? And can she become a member of the society??
Even the mother of your father in law passes away intestate in 1995 and the redevelopment agreement was executed in the year 2008, and the possesson of property after registration was received by your father in law in 2013, The right to claim of his brother or sister on the said property is barred by the Law of Limitation. Article 65, Schedule I of the Limitation Act, 1963 prescribes a limitation of l2 years for a suit for possession of immovable property or any interest therein based on the title. Article 65 is an independent article applicable to all suits for possession of immovable property based on title. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the claimant based on title or possession shall be extinguished and the person who has in possession of the immovable property shall become the owner of the said property. Thus, considering the length of time from 1995 to 2013 which is more thatn 12 years, the brother or sister of your father in law lost their right to claim their share in the property. After the amendment of the Hindu Succession Act in 2005, daughters were given equal right to inherit the property of her deceased father irrespective of their marital stasus. So, you need a succession certificate by filing a succession suit before the Civil Court and on receipt of succession certificate, your wife i.e, daughter of your father in law shall approach the Society for registration of her name as a member of the Society. In case the Society refuse to register the name of your wife as member of the society, then serving a legal notice to the society, make a complaint to the Registrar or Dy. Registrar of Cooperative Society for a resolution in the matter.
If your wife is the sole heir of her father's property, she may have a strong claim to the house in question. To become a member of a cooperative housing society, certain rules and procedures must be followed. The society's bylaws and regulations, as well as the terms of the redevelopment agreement, should be examined to determine your wife's eligibility for membership.
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