Transmission of immovable property
Darshan Gosalia
(Querist) 26 July 2017
This query is : Resolved
I am a resident of Mumbai. My grandfather had nominated my grandmother for the immovable property in the nature of flat in a co-operative housing society owned by him. My grandfather passed away last month. Now, we have submitted the documents required for the flat to be transferred to my grandmother as required by Maharashtra State Co-op Act, Rules and Bye Laws (Bye law No 34). However, the housing society claims that my grandmother, being a nominee, can be admitted only as a nominee member. She can act only as a trustee of the said flat. Hence, she cannot sale the said flat. The Act mentions that on death, the property shall be transferred to the nominee. It no where mentions that the member should be made a nominee member. By the term 'transfer', I understand that on transfer, the transferee shall have the absolute right over the said flat to deal in any manner as she deems fit. I would like to know whether the society's contention is true to make my grandmother a nominee-member? If so, to what extent? What other procedure should be followed to make my grandmother a full-member from the current nominee-member? Can a housing society restrict a member's right to sale the said flat? Is the flat 'transferred' or is it 'transmitted' on death of the member? If it is 'transmitted' what are the legal differences from 'transfer'?
Kumar Doab
(Expert) 26 July 2017
Same Query:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=152181&offset=1
Hemant Agarwal
(Expert) 28 July 2017
1. Kindly prefer to visit the following link, for answers to most of your queries:
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
