(Querist) 24 May 2011
This query is : Resolved
Dear Experts, Please express your valuable opinion on the following matter : 'A' had a flat in Cooperative Group Housing Society (CGHS). The same was under construction during his lifetime and hence not under possession. Before allotment could be made, A expired. 'A' had done nomination in favour of 'X' who is not in blood relation. Post A's death, X made the payment for remaining installments to CGHS to which the society never objected and often issued letters/demand notices in his name as well. However, now when X approaches CGHS for allotment, CGHS is saying that nomination is not valid since it is not in blood relation and challenges X as fraud claimant. Q.1 Is the claim of society valid? Q.2 What can be done by nominee or the legal heirs to resolve this issue? Q.3 In case none of the sons & daughters of A are alive, can his grandsons / granddaughters claim their right in property? If yes, how the property can be allotted/transferred in one of their names? Q.4 Out of a nominee and legal heir, whose rights to property are more powerful?
(Expert) 25 May 2011
It is not necessary that nominee should be in direct blood relationship it can be made n favour of any person provided that the nomination should not be obtained by fraud or by any forcible or threat methods.
(Querist) 26 May 2011
Dear Mr. Thandani, Can you please quote the relevant section or case law in this regard because as per explanation given by CGHS members, Delhi Societies Act makes it mandatory that nomination should be in favour of nominee only. Secondly, can you please provide any idea as to what would be the legal procedure if one tries to resolve the case using legal heir route instead of nominee route?