A property card is a document that identifies the owner of real estate in metropolitan areas and is issued by the local government. It contains information such as the proprietor's name, the land's acreage, the survey number, the plot number, the district, taluka and village. In addition to validating the land's historical ownership data, it may also help to prevent unlawful encroachment on the property. 
 
Typically, on completion of the registration of the deemed conveyance process and on receiving the Index-2, its copies should be submitted along with relevant applications to various government departments such as the city survey office, district collector office and municipal corporation office for change of mutation entries in the land revenue records and property tax bills. On completion of necessary formalities, the land and structures are transferred in favour of the cooperative housing society (CHS/Society).
 
In rare cases, when the builder owns the land on which the Society's building stands, he or she may raise an objection and refuse to grant permission for the name change on the property card. This week, I will address one such case and look at other problems such as delay in giving membership, illegal objection to operating a small business on residential premises and identifying the correct legal heirs in the absence of a Will.
 
Builder Refuses To Provide Permission for Change of Name on Property Card 
 
Question: Our conveyance deed is registered, and Index-2 has also been issued. In Index-2, there is a remark that says, "builder ne parvanagi nakarli" (builder has refused to give permission). So the city survey office is not complying with our name change request on the property card. 
 
Answer: If the builder is the land-owner, and his name appears as an owner of the Society's land (please check the property card of your Society's land, taken from the city survey office), he or she can refuse to allow the Society's name on property card.
 
If the builder is not the land owner, that is, his name as owner of the land does not exist on the property card, he or she cannot refuse to put the Society's name either as an owner or lessee of the land. Only the actual land-owner should object to placing the name of the Society, as land-owner, on the Society's property card.
 
Suppose the land-owner is not ready to add the name of the Society to the property card. In that case, they can still give the land on a long-term lease (of not less than 30 years), with a ready reckoner calculated lease amount to be paid by the Society every year to them. This can be part of a stamp duty paid, sub-registrar of assurance registered lease deed of the Society's land with the managing committee of the Society.
 
If the builder is not the land-owner, he cannot object to putting the name on Society's land, either as its owner or as its lessee.
 
Delay in Attaining Membership of Society
 
Question: We were the property owners on which the new building was constructed and Society was formed. We also own a flat as compensation through a development agreement executed with the builder. We were not part of the Society formation paperwork. Thus, we are not members of Society, we do not have a share certificate, and we have not asked for one.
 
We have been paying quarterly maintenance since the builder handed over the accounts to an ad-hoc society several years ago. After some time, a Society was formed and registered, and it has been billing us quarterly maintenance charges. We have asked for clarifications on the breakdown of charges applied, and the Society has failed to provide the same, but we have continued paying the dues under protest. We have even sent several letters via registered mail to the managing committee over the years, asking for explanations, but have not received any to date.
 
Recently, we discovered that Society has been billing us for many years, much more than our fair share, which we have unknowingly paid as we fully trusted the Society's management. We want to complain to a competent authority. But as we are not members of the Society, which competent authority should we file this complaint with? 
 
Answer: As soon as the Society is formed, all flats, shops, godowns and any other premises within the Society become its members. Since you were not given membership to your Society, you will write a letter to the secretary of your building's Society under the bye-law no. 172, to make you a member. Note that membership is on the basis of ownership for each premises, even if multiple premises are under the same name.
 
If you do not get a reply within 15 days of your letter, then under the bye-law no. 174(A)(iii), with copy of the letter sent to your Society, make a complaint to deputy registrar (DR) of cooperative societies, who will write a letter with a copy to you, asking the Society to make you a member. With this DR letter, you can follow up with your Society to make you a member and to issue a share certificate.
 
For maintenance charges, which you find to be higher, make another separate complaint to the Society, under bye-law no. 172. If you do not get a reply from the Society within 15 days of your complaint, then under bye-law no. 174(A)(xxii) make a complaint against the Society to DR.
 
They will ask the Society through a letter to show how the maintenance has been calculated and shall give you a copy of that letter to follow up with your Society. Suppose the Society's explanation is not convincing to the DR. In that case, he will appoint an authorised officer (AO) (earlier known as an administrator) after dissolving the managing committee. After six months, the AO will conduct an election for managing committee members of the Society.
 
NOTE
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Unnecessary Objections Raised for Operating Business in Residential Premises
 
Question: I am a tax consultant who practices from my residential flat. The Society has objected to it, stating that I am using my residential premises for a commercial purpose and violating the Society's bylaws. I have clarified to them that I am not conducting any business from my home, but they refuse to accept my explanation that a profession is different from business. Also, a tenant in our Society takes tuition at her home. The Society has also raised an objection to them on similar grounds. Please advise on the way forward. 
 
Answer: Chartered accountants, advocates, insurance and investment agents or tuition classes, where only a limited number of people visit daily, are allowed to be run from residential premises.
 
Regarding this, you can get the exact details from the local municipality's website or by visiting the municipality ward office, assistant assessor and collector's department. 
 
All such flat-owners in your Society can collectively write a complaint to the assistant assessor and collector at the municipal ward office, who shall then reply suitably to your Society that you can carry on your business in your residential premises.
 
You can even write an individual letter to the assistant assessor and collector and get a suitable reply, a copy of which you can submit to your Society and refrain from taking unnecessary objections.
 
Legal Heirs in the Absence of Will
 
Question: I am married and have two sons, one who is married and has a daughter. Other members of my family are my father, mother and brother. I have a three bedroom-hall-kitchen (BHK) apartment that I presently own jointly with my husband (he appears as the second owner). In the absence of any Will, who is my legal heir and who can lay claim on my apartment in case of my death? Can my brother or father make a valid claim on the flat?  
 
What is the simplest way for my husband to transfer the flat to his name in case I pass away or for me to remove his name in case of his death? Will a succession certificate, legal heir certificate, or probate be necessary? Can my sons insist on having their name be added as the second owner? 
 
Answer: Since the flat is bought by you and your husband, with your own income, only the following persons can be considered as legal heirs of your flat – you or your husband (in case either of you passes away), your sons, your daughter-in-law and your granddaughter. They can all be legal heirs if you or your husband have not prepared a Will. 
 
If any of you, joint-owners of the flat, expire, then to transfer it in the name of the surviving owner, your sons, with the surviving spouse, will have to make a 'release deed' on Rs500 non-judicial stamp paper. This deed has to be then registered with the sub-registrar of assurances office, where the registration fee is only Rs1,000. Here, your sons will be the 'releasers' who relinquish their right to the apartment, and the surviving spouse becomes the 'releasee'.
 
Even if the surviving spouse wants to add your sons' names for a 50% share of the deceased spouse, you can still do a 'release deed', where the surviving spouse becomes the 'releasor' and your sons are 'releasees'. 
 
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.)