Transfer of flat
Hitesh
(Querist) 22 May 2018
This query is : Resolved
Respected Sir, My mother owned property (1 BHK flat) in which nominee were my 2 sisters. Later, she decided to change that nomination and decided to share equal parts to 2 sisters and 2 brothers but she could not do the paper works and shevpassed away. This was informed to both my sisters vurbally. Now my question is can society transfer this flat on my sister name???? What should I do to demand my rights??
Hitesh
(Querist) 22 May 2018
Transfer of flat
Hitesh
(Querist) 22 May 2018
Transfer of flat
Hitesh
(Querist) 22 May 2018
Transfer of flat
Guest
(Expert) 22 May 2018
Role of Nominee is just a Responsibility and it will not create any Legal Rights. Only the concerned Legal Heirs would have all the Rights and in this case you are also an Legal Heir in that concerned Property. First apply for Legal Heir Certificate and Send a Legal Notice to the concerned Society that with out the Legal Heir certificate No transfer should be effected. Discuss with Local Advocate.
Guest
(Expert) 22 May 2018
Society can transfer the flat in the name of your sisters only, as nominees of your mother. They can't go against the society bylaws and the related CHS Act.
Kumar Doab
(Expert) 22 May 2018
Society can transfer in name o nominees in case of valid nomination on record.
The legal heirs can claim from Nominees.
Nominee is mere trustee..
Kumar Doab
(Expert) 22 May 2018
The society shall certainly consider the legal notice and order from court if any.
The Apex Court has delivered judgments on similar situations and on nominee in matters involving Flat in CHS and other instruments of deceased owner..
e.g;
http://www.lawyersclubindia.com/experts/Will-for-fixed-deposite-663606.asp
Kumar Doab
(Expert) 22 May 2018
Nominee does not become the only owner……..represents the legal heirs of the deceased member while dealing with the cooperative society
Bombay High Court
Ramdas Shivram Sattur vs Popatlal Shah And Others
https://indiankanoon.org/doc/371108/
Kumar Doab
(Expert) 22 May 2018
Also;
Calcutta High Court
Smt. Indrani Wahi vs The Registrar, West Bengal ... on 24 March, 2004
https://indiankanoon.org/doc/1419680/
Supreme Court
Indrani Wahi Vs. Registrar of Cooperative Societies & Ors.
MARCH 10, 2016
http://www.advocatekhoj.com/library/judgments/announcement.php?WID=7338
Kumar Doab
(Expert) 22 May 2018
LCI Experts Mr. Hemant Agarwal, Mr. M.C.Gupta, Mr. Madhu, Mr.Kishore Mehta are from your state and maintain well nourished blog on such matters also..
If you wish you may get in touch with them..
Ms.Usha Kapoor
(Expert) 23 May 2018
Society can transfer in the name of nominees only provided valid nomination is on record..Legal heirs can claim from Nominees. Nominee is a mere trustee.
Guest
(Expert) 23 May 2018
There is no such law that gives any right to other legal heirs, except a nominee, to claim any part of property from a nominee. A nomination can be challenged on merits, but not his right to claim the property, if nomination is valid.
Asgher Mahdi
(Expert) 23 May 2018
Society can transfer it to the nominees as mentioned in its records.
Kumar Doab
(Expert) 23 May 2018
What is the opinion of your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and well versed with LOCAL rules/precedence’s/Act etc and worth his/her salt …
What is the opinion of above mentioned Experts if you have contacted them and shown all property related docs!
P. Venu
(Expert) 23 May 2018
The nomination is in respect of the membership of the CHS, not the property in the flat. The property is jointly vested with all the legal heirs, if your mother had died intestate..
