24 June 2019
Hi, my question is if the property owner has made a nominee and the society is not transferring the share certificate so what should we do? And do legal heirs of the deceased person has a right in the flat?
25 June 2019
Did you apply to the Society for transfer of share (of deceased member) in the name of his nominee? If so, what is their response? Consult a local prudent lawyer with records of the case for better appreciation, analyses, guidance and proper proceeding, as required. If you are located in Delhi/NCR and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # +91- 98911-52939 email: email@example.com or visit: www.vakil-saab.com
25 June 2019
the main object of appointing a nominee is to distribute the properties of a deceased amongst his heirs. Nominee cannot claim for which he is nominee. Legal heirs of deceased can claim share in the flat.
05 July 2019
OPTION 01: 1. IF Deceased had not executed any WILL, THEN file Petition before the local Civil /High Court, to issue "Letter of Administration", in favor of the residual Legal heirs, consequent to which the deceased's Property can be transferred appropriately.
OPTION 02: 2. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the residual legal heirs, wherein the property of deceased can be distributed amongst themselves.
3. Both above process shall confer absolute Title-Ownership of the deceased's property to the Legal Heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....
for answers to most of your queries related to Nominations, kindly prefer to visit the following link: https://chshelpforum.com/nomination-in-chs