Nomination and property rights.

TRIBHUVAN PUROHIT (Querist) 20 September 2011 This query is : Resolved
1- Case illustration:

There is a couple,where husband having his name of society share certificate.

Husband expired three years ago, before expiry he asked for nomination to previous society committee, who denied to do so.

Second chapter : - Wife has no children, she used to live with her sister`s (she also expired last year) both taking care of her.

Wife wants first to get the society formalities completed by transferring flat into her name.

As there is no nomination available with the present committee nor the reason for previous non-acceptance of the nomination known both to wife and present society committee.

What the present committee has to do to take the wife on record, keeping in mind the wife and formalities from the part of two children`s of her expired sister taking care of her.

Awaiting a best reply with an in-depth details.

Thanks in advance.

TRIBHUVAN PUROHIT

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R.Ramachandran (Expert) 20 September 2011
First, by enclosing the Death Certificate of her husband, she has to apply for and obtain a legal heir certificate from the Tehasildar concerned.
On the basis of the Legal Heir Certificate, she has to apply to the Society to transfer the society in her name.
Once her name gets entered in the Society records as the owner of the property, then she can think in terms of nominating her sister's hildren. She should try to take one step at a time.

ajay sethi (Expert) 20 September 2011
where are you located? did the husband die leaving behind any will?

if you are located in bombay the society may insist on succession certificate as there is no nomination in society records .

after receipt of succession certificate you have to make an application to the society for transfer of shares . the society will transfer flat in name of wife . then wife should make nomintaion in name of her sister children