Can nominee sell flat in co-op hsg soc.
naresh lalchand israni
(Querist) 25 February 2013
This query is : Resolved
Dear Sir,
My mother is nominated in co-op hsg.soc. I want to know that after share certificate being transferred in her name whether she can sell the said flat.
with regards
naresh
Daksh
(Expert) 25 February 2013
Dear Mr.Naresh Lalchand Israni,
A nominee comes in the picture when the propounder or the owner is no more. If the society has transferred the flt in your mother's name then legally there could not be any hinderance provided the society rules forbid the same.
Best regards
Daksh
Raj Kumar Makkad
(Expert) 04 March 2013
Yes, She can legally sale the property thereafter.
Hemant Agarwal
(Expert) 06 September 2014
1. The Title-Ownership of a immovable property cannot be transferred on the basis of a Nomination Form. It would be illegal and a criminal offence. Title-Ownership and Society membership are two different things. Society can transfer ONLY membership and not Ownership.
2. The new buyer of such nominee-transferred property, will not have clear title, more so since the Nominee, by legal default, is only a Trustee (care-taker) of the deceased's property, AND has no right at all to sell such property.
Keep Smiling .... Hemant Agarwal
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