Nominee of flat

Prakash Kumbhar (Querist) 09 July 2011 This query is : Resolved
My father expired without a will. He had made nominee to my mother for a flat in a co-operative society, Mumbai. But we all legal heirs (mother, 2 sons & 2 daughters) want to transfer the flat in my name. So my mother gave application for the transfer the flat in my name with following (Notary) documents.
1)My mother’s affidavit / NOC
2)Deed of Understanding of all 5 heirs
3)Indemnity bond by me.
But the society refused to do so & said the flat will be transferred in the name of nominee (Mother) only.
Please advise me how the flat will transfer in my name.

Follow Query

Report Abuse

prabhakar singh (Expert) 09 July 2011
The society can not refuse to transfer it in name of all of you,if it is provided with a document that all of you are heirs,
BUT it can not be transferred in your name alone on the basis of proposed documents.You need registered documents from your mother,brother and sisters to get it recorded in your name alone.

Chanchal Nag Chowdhury (Expert) 09 July 2011
1.Your mother can make U the nominee whereby U will become the owner in due course.
2.U can file a case with the Registrar, Co-operatives for redressal.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now