Transfer of property based on nomination
Habib
(Querist) 27 October 2010
This query is : Resolved
I need legal advice for transfer of my flat in co-op hsg scty in mumbai.
Sir I have been staying in khar - Mumbai for last 5 years. This flat is owned by my father. The nomination is mentioned in agreement in my name, as the CHS did not exist when he had purchased the flat. I lost my father last year.
When I approached my society commitee for transfer of shares in my name as sole owner based on nomination. They asked me to furnish relevant papers to society. I had furnished the following documents:
NOC cum AFFIDAVIT from my sisters
Indemnity bond
Death certificate of my father
ULC certificate stating I do not hold any other property in this area.
Original share certificate
Copy of the agreement
A meeting was conducted by society and I was told that there is no nomination and to get the Succession certificate. I questioned the committee whether they read documents that I had submitted and they said “No”. I told them to please read those documents and also get them verified from your lawyer if there is any question. The committee agreed to look at the documents and discuss with lawyer.
Around 20 days later, I again checked for the same issue with the committee. And found that they have not done anything about it.
Now my society has not looked at any of the documents submitted to them. They did not even accept the true copy of the documents. They are asking me to furnish "SUCCESSION CERTIFICATE" in addition to above documents. I need expert/legal opinion that "SUCCESSION CERTIFICATE" is required for transferring shares in my name when there is nomination in my name for the said flat & i have submitted the required documents within the 6 months from the death of my father.
Please advise me whether "SUCCESSION CERTIFICATE " is must when i am the nominee & i had submitted all above documents.
Raj Kumar Makkad
(Expert) 27 October 2010
Nomination is not the transfer of ownership rights rather the same is meant just for preservation and management of the property till it goes in favour of the true owners. In case all other successors viz. yur sisters are agree in your favour then obtain succession certificate from competent civil court an get the matter closed. You can obtain this certificate within a period of 3/4 months of filing the petition.
bhagwat patil
(Expert) 27 October 2010
Get the succession certficate probated from court,and register relingwish deed of other hairs.
Devajyoti Barman
(Expert) 27 October 2010
The requirement of Succession Certificate would depend only if there is such regulation in the Rules of the Society which may vary from one society to another. If there is no such clause in the Rules of the Society then you may lode complaint to the Registrar of the Societies as generally nominations are sufficient to transfer the share in the Society flat.
s.subramanian
(Expert) 29 October 2010
Succession certificate is confined only to the movable properties left behind by the deceased. No court would issue a succession certificate with regard to a flat which is an immovable property. The nomination is binding on the society. if they don't abide by it,approach the court of law for remedy.
