Invalid nomination
Querist :
Anonymous
(Querist) 23 August 2011
This query is : Resolved
Dear Sirs,
My mother owns a Flat in Mumbai as a First Holder along with my Father (seocnd holder) and myslef (Third Holder). My Father (Second Holder) died during 2008 and my Mother (First Holder) died during June 2011. I am the only sole legal heir of my deceased mother and father.
My Mother has made a nomination during 2000, which has been recorded by the society. But the said nomination form has found with following defects:
1) Signature of my mother on nomination is in English while in Agreement it is in Gujrati Language.
2) Nomination has been made in favour of my daughter who is a minor till now. However, there is no mention of any Guardian name in the Nomination Form.
Even then, society has recorded the said Nomination in it's register.
Now society is asking me to submit Succession Certificate, Indemnity Bond, Appendix 3, Appendix 4 and Appendix 15 and ULC Undertaking.
Is the society demand od Succession certificate and other documents is reasonable. If is not, what is the remady available to me for the transfer of the flat in my name if society does not co-operate me in this regard.
Please Advise.
Thanks.
Advocate Rajkumarlaxman
(Expert) 23 August 2011
See society has the right to the exztent of its record in the society itself and not the Govt Accounts. wherever u are you have to deal the same with the concern Sub regsitrar office for the same. if your property belongs to in vile parle the Office of Registara at ANdheri Taluka has the authority to deal with the details of your property.
All the docuemnte you have file the same with sub registrar office and transfer the sme inyour name and you being the Minor Guardian you are the owner pf the property itself. please put further all details so that we can guide you very correctly or fell free to call on 9167004496 or 9323690563 for your details as i belong to Maharashtra, practicing at Mumbai Highcourt
Sankaranarayanan
(Expert) 23 August 2011
yes, mr Rajkumar 's version is correct , moreover the nomine issue if it is third party then sub register may confused, here u r the only one son and ur mother acknowledge ur daughter as nominee .
do not worry
prabhakar singh
(Expert) 23 August 2011
NOMINATION IS A RULE OF FACILITY AND DOES NOT AFFECT ANY SUCCESSION RIGHT AS YOU ARE THE SOLE SUCCESSOR OF YOUR FATHER OR MOTHER AND THE WHOLE FLAT SHOULD NOW BE STOOD RECORDED IN YOUR NAME.
A SUCCESSION CERTIFICATE IS NOT ISSUED WITH RESPECT TO ANY IMMOVABLE PROPERTY,AT BEST LEGAL HEIR CERTIFICATE FROM REVENUE ADMINISTRATION CAN BE ISSUED.
A PRACTICAL SOLUTION IN MY MIND IS THAT GET THE FLAT TRANSFERRED EXCLUSIVELY IN YOUR NAME AND YOU YOUR SELF CREATE NOMINEES OF YOUR CHOICE,AS IN LAW YOU ARE THE EXCLUSIVE OWNER AND ALSO LEGAL GUARDIAN OF YOUR DAUGHTER.
ajay sethi
(Expert) 23 August 2011
since you are the only son and one of owners of flat society should transfer the flat in the name of nominee on execution of indemnity bond . if the society is not agrreing i am afraid you will have to obtain succession certificate in bombay .
