Nominee in society in mumbai

Darius Engineer (Querist) 10 October 2019 This query is : Resolved
I'm the nominee in my aunt's flat at Mumbai and my aunt expired over a year ago. Do I need to get the will probated to get the rights o the flat. I understand there's a Supreme Court judgement that says that mere nomination is enough to get the share certificate transferred to my name. Also ater the transfer can I sell the flat.

Darius Engineer

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Isaac Gabriel (Expert) 11 October 2019
Is there any legal heir tot he member.If so he/she could make a claim.

Dr J C Vashista (Expert) 11 October 2019
Society share can be transferred in your name, however, title of the flat can not be transferred till you get the "Will" probated in your favour.
It would be better to consult a local prudent lawyer with relevant records for appreciaition of facts, guidance and proceeding.

P. Venu (Expert) 11 October 2019
Yes, the nomination does not make you legal heir to the deceased aunt. The Supreme Court judgment is specific to the law prevailing in West Bengal and still then, the Apex Court has left it open for the legal heirs to seek remedy in civil court.

Hemant Agarwal (Expert) 11 October 2019
For answers to most of your queries, kindly prefer to visit the following link:

https://chshelpforum.com/nomination-in-chs

http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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