anita patil (Operator) 07 April 2014

Objection claiming heir for flat transfer to nominee

Flat in our society was owned by widowed person (xyz) has 3 children 2daughters (rakhi, sunita) and 1 son sunil. Owner had nomintated only 1 daughter rakhi (100%) in nomination form. Owner was expired so the flat was transferred to nominated daughter(rakhi). Rakhi had nominated brother sunil (100%) in nomination form. Rakhi has also expired. Now Sunil has submited application form stating transfer of flat on his name since he is the nominee. Sunita has sent an application claiming she being the legal heir so flat should not be transfered to anybody else without her consent, and she wants to see the flat documents.

Note: all members involved are above 45yrs. rakhi was unmarried. Sunita and Sunil both are married. Sunil is claiming that their father has prepared a will in his favor. Can the society hold on to transfer of flat? and ask for succession certificate?

Since Sunil is nominated (100%) by rakhi, he want the flat transferred on his name so that he can let out for rental purpose.

What should comittee do in the above case? Flat is in mumbai maharashtra.

Sending such a huge query since most of members replies in this forum really seem to be of great advice. Thanks in advance.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 08 April 2014

The nominee in this term is just a trustee and the property in his possession based on the nomination will belong to all legal heirs to whom the nominee will be a receiver and disburse among them. In this case, the nominee being one of the legal heir should divide the property equally among all the legal heirs while allocating one such share unto him as well. If he claims the property based on the alleged Will, he has to probate the Will through a court of law to inherit the property.

anita patil (Operator) 09 April 2014

Thanks Kalaiselvan for clarification,

Should the committee transfer the flat to the nominee - with some conditions/indeminity bond?

Can the nominee put the property for rental basis?

Can the committee ask the nominee for PROBATE or Succession Certificate?

If the nomination form is not registered by registration office should that be considered valid (since most of society flats nomination forms are not registered)?

anita patil (Operator) 10 April 2014

Originally posted by : T. Kalaiselvan, Advocate
	The nominee in this term is just a trustee and the property in his possession based on the nomination will belong to all legal heirs to whom the nominee will be a receiver and disburse among them. In this case, the nominee being one of the legal heir should divide the property equally among all the legal heirs while allocating one such share unto him as well. If he claims the property based on the alleged Will, he has to probate the Will through a court of law to inherit the property.

Thanks Kalaiselvan for clarification, as you have mentioned above the procedure may take long time, till then

Should the committee transfer the flat to the nominee - with some conditions/indeminity bond?

Can the nominee put the property for rental basis?

Can the committee ask the nominee for PROBATE or Succession Certificate?

If the nomination form is not registered by registration office should that be considered valid (since most of society flats nomination forms are not registered)?