Nomination forms

BEENA SINGH (Querist) 12 March 2014 This query is : Resolved
If nomination form is there in respect of certain flat, than succession certificate is require or not ?

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ajay sethi (Expert) 12 March 2014
nominee is only a trustee for legal heirs .he is not the owner of flat

BEENA SINGH (Querist) 12 March 2014
Does as per new bye-laws and mcs act succession certificate is compulsorily to transfer the ownership of property on the name of Legal heirs ? or not

ajay sethi (Expert) 12 March 2014
society will transfer flat in name of nominee . advisable for legal heirs to obtain letters of administration if deceased died intestate

Guest (Expert) 12 March 2014
If nomination is there the society is not concerned with production of succession certificate or entitlement of legal heirs of the shares or property, unless the case is subjudice. It is between the nominee and legal heirs to settle about the transfer of shares or property amongst the legal heirs.

Rajendra K Goyal (Expert) 12 March 2014
Society should transfer the flat on the basis of nomination. Legal heirs and nominee may settle dispute among themselves.

R.K Nanda (Expert) 12 March 2014
agree with experts.

T. Kalaiselvan, Advocate (Expert) 14 March 2014
I agree with the experts' opinion on the subject.

R.V.RAO (Expert) 14 March 2014
the case of society is different.it accepts and transfers ownership of society flat on the basis of nomination.
but when you go to sro ,for mutation or face a legal case in a court to prove your ownership or you being the legal heir,you need succession cert.showing you are the only legal heir.
in case of a death intestate , issue of succession cert.acquires very much significance.

Kumar Doab (Expert) 16 March 2014
Go thru the society rules.
It would discharge its responsibility as per rules.

Nomination does not supersede succession.

Make the society a noticee/party.

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