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Ninad (IT)     08 January 2018

Nomination in co-op hsg society

Hi

A flat in a Co-op Housing society is in Mrs X's name. Share certificate is in her name transferred after husband Mr Y's death

She has given nomination in the proper forms to the society nominating her 2 sons 50% each. Sons Mr. A and Mr. B

Mrs Y passed away in Sep-2015

Questions

  1. What is the procedure to transfer the shares in the sons name
  2. As there is joint nomination whose name will appear first
  3. Is it possible to transfer the share certificate in single name (Mr. A) and Mr. B foregoes his 50% share. Would this have tax implications

Thanks

Ninad

 

 



Learning

 5 Replies

Ms.Usha Kapoor (CEO)     09 January 2018

Your mother in whose name the share certifcate stands should have transferred her shsarecertificate during her life timrthroughwillor Gift DFeed to her two msajor sons.

As there is joint nomination Original kmember eoldferson would have the righto stand f9irst in the Joint Share certificate  on the basis of%0% sghare each. The 2nd member is called ASsociate member.

 

Ms.Usha Kapoor (CEO)     09 January 2018

Your mother in whose name the share certifcate stands should have transferred her share certificate during her life time through will or Gift DFeed to her two major sons. As there is joint nomination Original member elderson would have the righto stand first in the Joint Share certificate  on the basis of 50 %50% share each. The 2nd member is called ASsociate member.

If  one of them walks o0ut of Jt share cert9ficate the otrher member will've to face sometax implications   such as capital gains.

Please cancel the previous opinion as it isnot complete and youmay delete it. Please view this opinion as complete and correct.

Read more at: https://www.lawyersclubindia.com/forum/Nomination-in-co-op-hsg-society-158354.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 January 2018

  • If there is more than one nominee, such nominees shall make a joint application to the society and indicate the name of the nominee who should be enrolled as a member.
  • The other nominees shall be enrolled as associate members.

Ninad (IT)     09 January 2018

Hi

Thanks for the reply

1. Is there a need to prepare an affidavit/idemnity for the same (Refer APPENDIX-18 (Under the Bye-law Mo. 34) )

2. As more than 6 months have passed from the death of mother. Is there any other additional formality/documents to be prepared

Thanks

Ninad

 

SHIRISH PAWAR, 7738990900 (Advocate)     09 January 2018

You have to file the application as per format to the society attaching the death certificate of your mother. Later on society will endorese your names in share certificate of flat.


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