Welcome to Moneylife Foundation’s

LEGAL RESOURCE CENTREMoneylife Foundation's Legal Resource Information Centre's (LRIC) main objective is to provide information, advice and preliminary guidance to persons needing legal help or planning legal action in 10 defined areas.

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Our panel of experts and resources are free and can be availed of anyone. Please click on Ask Question and send your query. Our Experts will provide basic guidance in due course.
You can seek help and guidance in following 10 areas such as CHS, property-related issues, Complaints to regulators, Consumer complaints, IT Act and civil liberties, Filing PILs, Whistleblowers, Sexual harassment case, Wills & nominations, RTI and Basic legal research.
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Disclaimer: The information posted on any page of this website is just a basic guidance and NOT professional tax advice.
OUR EXPERTS

Shirish Shanbhag

An MSc in Organic Chemistry and Diploma in Higher Education and Diploma in French. As a junior college teacher, he taught theory and practical in chemistry, to students in 11th and 12th standard at Patkar College from July 1980 to May 2012. After his retirement in May 2012, he started providing guidance to people on several issues. It includes, career guidance, Cooperative Housing Societies' legal paper works, Right to Information (RTI), Lokayukta, Ombudsman complaints, Marriage Registration,

Bapoo Malcolm

Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti

Jamshed Mistry

Jamshed Mistry is a BCom, LLB, DLL & LW. He appears as Counsel in the Supreme Court and in various High Courts all over India. His clients have included several corporate companies as well as public sector corporations and institutions eg. the Reserve Bank of India and the Brihanmumbai Electric Supply and Transport Undertaking. He also works actively for social causes like the rights of disabled persons, beach safety (Goa Action Plan), the setting up of distinct hawking and non-hawking zones in

Shailesh Gandhi

Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

Abhay Datar

Abhay Datar is a consumer activist and is also Member of the Managing Committee of Mumbai Grahak Panchayat (MGP). He was Treasurer at MGP for over two and a half years. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of MGP in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related to mobile and mediclaim. Mr Data

AV Shenoy

AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

DG Kale

DG Kale, former General Manager of the Reserve Bank of India, with a long stint in the customer services department, has also been a Public Information Officer under RTI and has a ring-side view on what happens to complaints filed with the Banking Ombudsman. His vast experience makes him the ideal person to provide guidance on grievance redressal.

SD Israni

Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Samir Zaveri

An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Yogesh Sapkale

Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

My would be daughter in law lives in Kandivali in a 1 BHK apartment. Her father passed away 8 years ago and the flat was in the name of mother. Mother had nominated her daughter and (married) son as nominees and this is registered on the society register. The two are the only legal heirs. Unfortunately mother passed away in April 2019 and there is no will made by her. An application was submitted to the CHS with all documents as advised by Moneylife Foundation expert and after 15 days the CHS said that due to the Ordinance of 9/3/2019 by Maha Gov, the flat can be transferred to the duo (who were also nominees) but they need to produce a succession certificate or legal heirship certificate as per Sec 154B-13 of the ordinance. If they don't the transfer of shares will still be made but with a remark on the share certificate that they can not sell the property not create a lien because they are merely trustees as nominees.
Query:
1. Since the succession certificate is very expensive (estimated cost given by various lawyers is 1 to 2 lakhs) and time consuming, is it really mandatory in this case where the two are the nominees but also only two legal heirs?
2. somebody said that legal heirship could be cheaper alternative as it is issued by Tahsildar but BorivaliTahsildar office refused to entertain as they claim that they will issue it only to Government servants. Is this true?
3. Since it is just an ordinance and not yet converted to law by assembly, it can also lapse after six months if not enacted into law. In this case, is spending Rs. 1-2 Lakh just for this un-affordable certificate advisable?
4. What is your advice regarding further process to get this done by spending least money? Shall we wait till end October 2019 to see whether the ordinance will lapse?
 CHS, property-related issues
Comments
Respected Sir/Madam,

I am staying in a co-op. Housing Society in Dahisar, Mumbai. My building has two wings A and B wing. A wing has seven floors plus terrace and B wing has six floors plus terrace. I am staying on the top floor in B wing.
Builder has sold part of the terrace of B wing to a resident of A wing. This part of the terrace is right above my bedroom. The waterproofing done by the builder was almost nine inches thick fixed with small tiles called china chips. The society gave permission to the resident in A wing to make certain alterations in February, 2016. This resident removed the waterproofing using a Jack Hammer which is used to dig concrete roads. Later he poured water on the empty floor and water started leaking into my bedroom through the ceiling where my fan is fixed in the bedroom. He replaced the china chip tiles with normal tiles.
I complained to the society about the removal of water proofing. The society appointed a Structural Engineer who as stated by the society was in the BMC approved panel. In the structural engineers report it is clearly stated that there is structural damage to the building. But structural audit was/is not conducted by the society till date. The committee from February, 2016 till date has not taken any steps to rectify the same. The resident in A wing is a habitual defaulter in paying his society dues and his outstanding stands over a lakh rupees.
Even letters given by me to the society are seldom acknowledged even though the same was sent in duplicate and no action was taken by the committee on the problem faced by me. Even the draft minutes is not circulated to the members and in the minutes of the AGM of 2018 it was stated that I had objected to non acknowledged. Even till date the letters are not acknowledged. Sealed letter sent by me on the day of the AGM of 2018 was refused by the committee for reasons best known to them.
Now the committee will be undertaking major repairs of the building and money is collected from the residents. I am seeking help as to what are the options available to me. How can I proceed against the society/committee to get the waterproofing done. If I appoint a Advocate/lawyer to fight my case in a court of law, Who will bear the charges of the lawyer as this is not my fault? How do I fix the fees in advance? Can there be a limit on fees as I cannot afford huge fees.
Kindly guide me. Your advice will be highly appreciated.
With regards,

LNSuvarna
 CHS, property-related issues
Comments
View Our Experts
Our Experts

Shirish Shanbhag An MSc in Organic Chemistry and Diploma in Higher Education and Diploma in French. As a junior college teacher, he taught theory and practical in chemistry, to students in 11th and 12th standard at Patkar College from July 1980 to May 2012. After his retirement in May 2012, he started providing guidance to people on several issues. It includes, career guidance, Cooperative Housing Societies' legal paper works, Right to Information (RTI), Lokayukta, Ombudsman complaints, Marriage Registration,

Bapoo Malcolm Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti

Jamshed Mistry Jamshed Mistry is a BCom, LLB, DLL & LW. He appears as Counsel in the Supreme Court and in various High Courts all over India. His clients have included several corporate companies as well as public sector corporations and institutions eg. the Reserve Bank of India and the Brihanmumbai Electric Supply and Transport Undertaking. He also works actively for social causes like the rights of disabled persons, beach safety (Goa Action Plan), the setting up of distinct hawking and non-hawking zones in

Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

Abhay Datar Abhay Datar is a consumer activist and is also Member of the Managing Committee of Mumbai Grahak Panchayat (MGP). He was Treasurer at MGP for over two and a half years. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of MGP in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related to mobile and mediclaim. Mr Data

AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

DG Kale DG Kale, former General Manager of the Reserve Bank of India, with a long stint in the customer services department, has also been a Public Information Officer under RTI and has a ring-side view on what happens to complaints filed with the Banking Ombudsman. His vast experience makes him the ideal person to provide guidance on grievance redressal.

SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

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