Rights of legal heirs after the death of the owner

kajaljaiswal (Querist) 03 June 2015 This query is : Resolved
Dear Experts, My Aunt died intestate around 5-6 months ago, leaving behind 2 daughters and one son. She owned a flat in a society in her name. The society was going through some internal disputes. The DDR on the application by the society regarding the said dispute debarred the Chairman, Secretary and Treasurer and appointed new Chairman, Secretary and Treasurer. But the earlier committee is so adamant that they are not giving any papers or information to the new committee now. The 2 daughters of my Aunt are married and settled in USA. The son is residing in the same flat now. But due to an Accident, he lost his vision, and want to move to USA now.

The son of my Aunt has already intimated the Society quite earlier about the death of his mother, and also given the Transfer Application. (The Nominee of the Flat are the son and one daughter). But due to the disputes going on, the society is not paying any heed to any of his intimation and application.

Before moving to USA he wanted to sell the said flat to one man residing in the same building. The daughters also have given their disclaimer about the same. Even the man who is going to buy the flat has given the intimation letter to the society about the same.

But the problem is that the society has not yet transferred the said Flat in the name of the Legal Heirs, in spite of intimation and application for Transfer of the name.

So, can the son of the deceased sell the flat (the daughters have given their disclaimer regarding the same)? No issues arising out of it in the family.

If the flat is sold by the son of the deceased and purchased by that man, (even after all the intimation and disclaimer given by the daughters), can the Society later on create any problem regarding the same? (Like the flat was not transferred so the son does not have the Ownership Rights, or the man cannot purchase the said flat unless the flat is not transferred in the name of the legal heirs.)

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Kumar Doab (Expert) 03 June 2015
The society can enter the names of nominee as per applicable society by laws.

Nominee is not owner.
Nomination does not create a parallel route to succession.

Society can ask for succession certificate.

However if the rules permit it may agree to enter names as per the Disclaimer/NOC and allow transfer.

Pursue and persist.

Rajendra K Goyal (Expert) 04 June 2015
Society is not transferring the flat in the name of legal heirs / nominee due to internal disputes. It may raise objection later. In such case legal path / court orders are the avenue left to get it done.