Nominee not giving noc
Reena Mahtre
(Querist) 14 May 2013
This query is : Resolved
I have flat in a cooperative housing society in mumbai. It is jointly owned by my husband and me. My husband expired last year. Before dying he had made both our sons as nominee.
What is the procedure to sell the flat?
Since I am the 50% owner and the rest 50% has both my sons as nominee.
What if any one of my son does not cooperate with me to sell the flat even though I am willing to give him his share?
Khaleel Ahmed
(Expert) 14 May 2013
You are advised to file a partition suit in your civil court through your local lawyer.
Reena Mahtre
(Querist) 14 May 2013
Thank so much for the reply Khaleel Sir.
I have one more question. how long will the partition suit process take place? Will it the judgement happen in months time or will it take years?
Raj Kumar Makkad
(Expert) 14 May 2013
You have not mentioned whether your mother in law is alive or not.
Anyway, I presume that she is also alive.
Now come to point. You, both your sons and your mother in law are equally entitled to inherit share in 50% of the property which was duly owned by your husband. This means, you are having now 62.5% share, both your sons have 12.5% share each and your mother in law is also joint share to the extent of 12.5% share in the joint property.
Nomination is not the transfer of ownership nor it can be equated with the will.
Now you have to file a civil suit for partition before civil court which may take about 3-5 years to decide. It shall be better to make a consensus in the family otherwise a lot of money and time shall be incur in litigation which ultimately shall result bitter relationship.
