Right in property owned by brother & sister
Hiten
(Querist) 02 October 2016
This query is : Resolved
My Maternal Grandmother owned a property in Mumbai. As she is expired without making any will & nomination, so my mother and her brother has applied for flat transfer in the society jointly in their name having equal share. They have obtained release deed from other legal hier in their name jointly and complied with bye-laws.
In the application, my uncle name is first and my mother name is second. Both are married and have applied for equal share.
1. Does my mother will have less rights in property due to her name is second in the application of ownership?
2. As the society will not issue another share certificate, they will write my uncle and my mother name in the backside of the certificate and my uncle is going to keep the original share certificate with him, so is there any other documents that we can get from the society to prove my mother ownership in the property?
3. If in future, if something happens to any of the co-owner, does his/her share automatically transfer to the other co-owner instead of their legal hier?
4. Can co-owner apply for the nomination & prepare WILL respective to his/her share?
5. What if any co-owner would like to sell his/her share to any stranger instead of another co-owner?
Pls help me for this. Thanks.
Ms.Usha Kapoor
(Expert) 02 October 2016
Just because your rmother's name appears in the second it doesn't mean her share interest is second in the property.Both co owners as Joint tenants have equal ownership Rights without being superior to one another's interests. Ask your mother to keep a copy of the share certificate which her brother has. she can transfer her share to a stranger or by will transfer her interest to her legal heirs also. If none of these things happen I mean she doesn't transfer her share to a stranger or legals heirs etc one of them dies his interest automatically pass by survivorship to other coowner and not to demised person's legal heirs..
P. Venu 
(Expert) 02 October 2016
The names as mentioned in the share certificate is distinct from rights devolved upon the legal heirs in the said property.
Rajendra K Goyal
(Expert) 02 October 2016
1. No will have equal right.
2. Your mother should keep copy of all documents with receipt from your uncle that he is having/ keeping originals.
3. No, share of deceased would be inherited by legal heirs.
4. Yes.
5. Can sell his / her undivided share.
Raj Kumar Makkad
(Expert) 02 October 2016
I do endorse the advice of expert Rajender K. Goyal.
Ms.Usha Kapoor
(Expert) 03 October 2016
Two coowners stand in relationship to one another as Joint tenants. If they continue to go on if one o them dies his interest shall devolve on survivorship on other coowner and not on legal heirs as tennantsincommon. Kindly read the meaning of Co owners-Joint tenants and Tenants in common meanings in any standard Legal Encyclopaedia. I'm 100% sure that unless one o f the coowners who has equal rights in the property writes a will that on his demise his interest will devolve on his legal heirs the other co owner continues to enjoy equal rights and if the first coowner dies his interest devolves on surviving member/coowner AS joint TENANTS AND NOT ON LEGAL HEIRS AS TENANTSINCOMMON. Mr.RK. Goyal read any standard Legal encyclopaedia and know the meanings of cooowner-Joint tenants and Tenants in-common rights from that.OK!?.,
Hiten
(Querist) 21 October 2016
To Expert, Thanks for your advise.
Now the Society has transfer the share jointly in name of my mother and uncle by writing behind the share certificate their names with stamp & sign.
But I need some more advise from expert.
1. I'm little bit confuse with different opinion of expert with the transfer of ownership after death of any one co-owner. Can you please tell me if there is any such provision in bye laws of mumbai housing scoiety which I can refer.
2. My mother is going to nominate her share i.e.50% in my name with the society. Will the share be in my favour if anything happens?
3. Do my mother and uncle have to pay the stamp duty for this transfer and to register in their name with the society registrar?
4. The share certificate which we hold for this property is in very bad condition as it has been torn from every side. Can the society reissue us a new share certificate in our name jointly? if yes, pls tell me the procedure for it.
Thank You.
Rajendra K Goyal
(Expert) 21 October 2016
1. You can consult local lawyer for detailed opinion.
2. She can nominate, nominee is trustee of legal heirs, she should also write a will.
3. Discuss with society.
4. Depend on society, request for the same.
Hiten
(Querist) 18 December 2016
As my mother and my maternal uncle are married and have seperate family. Now both owner wants to appoint the 2 different nominee respective to their shares. (100% of my mother share to me and 100% of my uncle share to his wife).
Can we give 2 nomination form for each flat or we have to file only 1 nomination form jointly?
As In the point 5 of nomination form it is written that on my death, the share mention above & my interest in the flat to be transferred to _________ the first named nominee.
Does it mean only the first name nominee will be the owner? What about the second nominee?
Kindly give your feedback
Hiten
(Querist) 28 December 2016
As my mother and my maternal uncle are married and have seperate family. Now both owner wants to appoint the 2 different nominee respective to their shares. (100% of my mother share to me and 100% of my uncle share to his wife).
Can we give 2 nomination form for each flat or we have to file only 1 nomination form jointly?
As In the point 5 of nomination form it is written that on my death, the share mention above & my interest in the flat to be transferred to _________ the first named nominee.
Does it mean only the first name nominee will be the owner? What about the second nominee?
Kindly give your feedback
Rajendra K Goyal
(Expert) 28 December 2016
It is better to consult local consultant expert in such matters.
