Nominee and transfer of flat/shofp
ADV-JEEVAN PATIL, MUMBAI
(Querist) 03 October 2015
This query is : Resolved
Flat/shop in jont name（husb n wife）Nomination made by both to daughter n son. Husband expires. wife second joint holder wants flat/shop on her exclusive name. Queries: 1) can soc allows on her name 2) Nominees son n daughter have to give NOC to mother. 3) Can Husband and wife make nominations for one another being joint holder prior deceased.
Experts replies will further add to my my knowlege n clarity.
Jeevan
Dr J C Vashista
(Expert) 04 October 2015
1. Yes, the co-sharer (joint owner) shall have all rights in the flat/shop as sole owner. Let the wife may apply to society for transfer of all rights in the shop/flat.
2. Not required.
3. Point is not clear as to what does the husband and wife wanted to do before his death? Nomination can be made in the name of more that 2-3-4 persons of their choice.
Hemant Agarwal
(Expert) 06 October 2015
1. Deceased member has made "Nomination" in favor of "daughter & son" AND NOT in favor of "wife". HENCE Society's jurisdiction is limited to following section 30 of the MCS Act, and transfer "membership" to the "daughter & son", as recorded in the Nomination Form, For anything contrary to the above, the Society has to keep the matter in abeyance and mandatorily direct the Wife, to obtain Court orders, without any further reference to anybody's rights /claims/ objections.
2. The Wife of deceased member, has NO jurisdiction to demand transfer of property in her sole name, even if the "daughter & son" provide their no objection documents. The Society can transfer "society memberships" and NOT "title ownerships".
3. Subject to Mumbai: IF wife wants to have 100% title-ownership of her Husbands 50% share, THEN the wife would have to obtain "letter of administration" from the testamentary division of Mumbai High Court, by following due procedure of law.
4. IN the event of "joint ownership /membership", each member has to file "SEPARATE" nomination form for his own share (i.e. 50% each), nominating whosoever it may wish. Joint Nomination form (in a single form) nominating each other is "null & void" and legally not effective.
Keep Smiling .... Hemant Agarwal
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Rajendra K Goyal
(Expert) 06 October 2015
Well advised by the expert Hemant Agarwal, agree to it.
ADV-JEEVAN PATIL, MUMBAI
(Querist) 06 October 2015
Thanks to experts specially to hemant for explicit reply. I am also of the same opinion.
ADV-JEEVAN PATIL, MUMBAI
(Querist) 06 October 2015
But what happens when no nomination by joint holders. Whwn husbans dies, how the transfer will effect to wife.
Hemant Agarwal
(Expert) 07 October 2015
In lieu of the last query, Kindly do once again S-L-O-W-L-Y re-read point no. 3, of my earlier reply.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
The concept is that the property was jointly owned by the husband and wife. Upon the death of husband, his shares will automatically devolve on his legal heirs though there was a valid nomination as on the date of his death. The nominees here are not legal heirs neither they can inherit the properties of the deceased in the capacity of nominees and the meaning of nominee under this provision of law is just a trust to receive the property of the deceased owner on behalf of the legal heirs and to disburse it to them properly and legally.
In fact if the referred nomination was made jointly, upon the death of one person who was a party to the joint nomination, the nomination so done stands cancelled and the surviving member has to file a fresh nomination choosing a nominee(s).
In this property, the wife besides her own 50 5 share in the property, she is entitled to another 1/3rd share i the property additionally in the capacity of the legal heir to the deceased, while this being the situation, the other legal heirs of the deceased may execute a registered release deed relinquishing their rights in the property in favor of their mother which shall enable her to perfect the title in full and marketable title.
As far as transfer of shares in the society, necessary formalities in that aspect may be adhered to as prescribed in the CHS law.
