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Legal Opioion

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Advocate Satyam
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138 views4 pages

Legal Opioion

Uploaded by

Advocate Satyam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Satyam R.

Dube Address:
B.sc, PGDJ, ADR, L.L.B 201/B, Shree Hari Enclave CHS Ltd.,
Nahur Village, Mulund (West),
Mumbai-400080
ADVOCATE HIGH COURT E-mail. advocatesv@gmail.com
(m) 9869225604/9773723272
_____________________________________________________________________________________________
Ref: - D&A/166/2024 Date: -
15/06/2024
To,
THE CHAIRMAN/SECRETARY
Lok Everest Co-operative Housing Society Limited.
Lok Everest Complex, Jata Shankar Dosa Road,
Near Mulund Flyover, Mulund (West),
Mumbai-400080.

Sub Legal Opinion for transfer/ transmission of


Shares, & Interest in respect of Residential Flat No.
403, 4th Floor, Building No. C-2, ‘Lok Everest Co-
operative Housing Society Limited, situated at
Lok Everest Complex, Jata Shankar Dosa Road, Near
Mulund Flyover, Mulund (West), Mumbai-400080, in
the name of MR. AMIT RASIKLAL SHAH.

Sir,

1. I have received the following documents in respect of Residential


Flat No403, 4th Floor, Building No. C-2, ‘Lok Everest Co-
operative Housing Society Limited, situated at Lok Everest
Complex, Jata Shankar Dosa Road, Near Mulund Flyover, Mulund
(West), Mumbai-400080, (hereinafter called as “the said flat”) for
transfer of SHARE and interest of a deceased member in the
capital/property of the society to name MR. AMIT RASIKLAL
SHAH.
a. An application issued by MR. AMIT RASIKLAL SHAH dated
10/06/2024.
b. True copy of RELEASE DEED date 09/05/2024 bearing
document no. KRL-2-9888-2024 dated 09/05/2024.
c. Xerox copy of share certificate.
d. Form No. 3 on Rs. 200/- stamp paper.
e. Form no. 17.
f. Form no. 19 om Rs. 500/- stamp paper.
g. Triplicate set of Form no. 14.
h. Advocate certificate.

2. After going through the above-mentioned documents, I am


giving my opinion as follows.
a. That initially 1) INDIRA RASIKALAL SHAH, 2) MR.
AMIT RASIKLAL SHAH purchased the said flat by way of
a registered Agreement for Sale dated 05/04/2012,
registered in the office of sub-registrar of Assurances at
Kurla-7 under serial No. BDR7-2616-2012, dated
10/04/2012 from M/S. LOK HOUSING AND
CONSTRUCTION LTD.
b. That thereafter From the above referred documents it
appears that Late INDIRA RASIKALAL SHAH, died
intestate on 24/07/2016 without making a Nomination or
Will, leaving behind 1) MR. ASHVIN RASIKLAL SHAH
(Son of Late INDIRA RASIKALAL SHAH), 2) MRS.
ASHABEN BAKUL SHAH @ ASHABEN RASIKALAL
SHAH (Daughter of Late INDIRA RASIKALAL SHAH),
3) MRS. MEHTA REKHABEN BHARATKUMAR @
REKHABEN RASIKLAL SHAH (Daughter of Late
INDIRA RASIKALAL SHAH) & 4) MR. AMIT
RASIKLAL SHAH (Son of late INDIRA RASIKALAL
SHAH) as her only heirs as her only heir and next of kin
according to the provisions of the Hindu Succession Act by
which she was governed at the time of her death.

3. From the above-referred documents it further appears that the


legal heirs and representatives of Late INDIRA RASIKALAL
SHAH, executed a RELEASE DEED date 09/05/2024 bearing
document no. KRL-2-9888-2024 dated 09/05/2024., in the
favour of MR. AMIT RASIKLAL SHAH. That now MR. AMIT
RASIKLAL SHAH has submitted documents as mentioned in
clauses no.1a to 1h for transfer of the Share Certificate as per
MCS Act 1960, Rules, 1961, and Bye-laws of the society.

4. After vetting the above-referred documents I found the following


irregularities:
i. No details provided about payment of Transfer charges
and Entrance charges Rs. 100+ 18% GST and Rs.500+
18% GST as per bye-laws.
3. Under the above-mentioned facts and circumstances, I am of
opinion that the society may transfer the share certificate in the
name of MR. AMIT RASIKLAL SHAH subject to STRICT
compliance with the following advice/ directions: -
a. Direct a party to pay Transfer charges and Entrance
charges of Rs. 100+ 18% GST and Rs.500+ 18% GST as
per bye-laws.
b. That the society should verify that if any dues/ maintenance
are pending against the society and if any then society
should direct the parties to clear the same.
c. Verify the Original Share Certificate.
d. Direct the party to submit True copy of Affidavit of legal
heirs.
e. Verify society records about the pendency of loan against
the said flat and if any loan is pending/subsist then takes
NOC of the concerned Bank before the
transfer/transmission of shares and interests in the name of
MR. AMIT RASIKLAL SHAH.
f. While following the above advice, the society has to follow
the Maharashtra Co-Operative Societies Act 1960, Rules
1961, and the bye-laws of the society.

4. Along with this legal opinion, I am hereby returning to you all


the documents given to me for my opinion.

Place: - Mumbai Yours Faithfully

SATYAM R.
DUBE

ADVOCATE HIGH
COURT

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