Transfer Of Flat in Co-Op Society (Deceased Member)

Bipin (Querist) 01 April 2009 This query is : Resolved
In our society one flat is owned by Mrs X. She nominated her Two sons Mr A & Mr B jointly & equally. Mr A (Nominee) expired while Mrs X alive. She has not changed her nomination after the death of her son Mr A. She also expired thereafter. Now Wife & adult married daughter are only two legal heir of Mr A. Mr A's wife applied for transfer of Mr A's share in her name by submitting Indemnity Bond, Death Certificate & No objection from married daughter, but Society or Mr A's wife doesnot have record such as Sale Agreement(Purchase Agreement) of the said flat. Society & Mr A's wife have only copy of nomination duly registered indicating Mr A & Mr B as joint member for the said flat. Mr B also does not have Sale Agreement (Purchase Agreement)with him for the said flat. Mr B is objecting for the Transfer of Mr A's wife claim. Please guide me in detail in this matter how society can transfer the said claim to Mr A's wife name.

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Shashikant V. Patil (Expert) 02 April 2009
If the sale deed is registered ,may be available with Society Official or obtain certified copy from Sub-registrar office for your further necessary action.

Ashey (Expert) 03 April 2009
Nomination facility doesnot make the nominee entitled to the thing received after ones death ...

Ashey (Expert) 03 April 2009
Nominee is entitled only to receive the things of the deceased and is duty bound to disburse it to the legal heirs of the deceased ..

Ashey (Expert) 03 April 2009
Sucession to a property cannot be done by nomination

Ashey (Expert) 03 April 2009
and you cannot transfer the name for a property by mere nomination

Ashey (Expert) 03 April 2009
Check whether X has executed any will or died intestate ...

Ashey (Expert) 03 April 2009
If X has executed will the property is dispossed off as per the will

Ashey (Expert) 03 April 2009
if no will was executed then the property devolves to the legal heirs as per the sucession act

adv. rajeev ( rajoo ) (Expert) 03 April 2009
Learned member Ashey is right. Nominatee's duty is to only discharge their duties not to claim the tittle or anything.