Query on nomination under maharashtra apartment ownership act, 1970
MANISH ASARKAR
(Querist) 01 January 2014
This query is : Resolved
This is in respect of nomination under the Maharashtra Apartment Ownership Act, 1970, which I understand is not possible unlike Society under the the Co-operative Societies Act. My query is in respect of Navi Mumbai, where the land is owned by CIDCO. I have a flat in Navi Mumbai under an apartment constructed by CIDCO. I understand CIDCO provides nomination facility to the apartment owner by charging Rs. 5000/-. I just wanted to know the legal sanctity of this when the apartments are governed by Maharashtra Apartment Ownership Act, 1970. Appreciate your guidance on this.
ajay sethi
(Expert) 01 January 2014
make a will . you wont have to pay Rs 5000 to CIDCo . nominee is only a trustee for all legal heirs
MANISH ASARKAR
(Querist) 01 January 2014
Thanks for the quick reply. Do you think CIDCO will recognise the Will or ask for the succession certificate, which is a costly affair as you know.
ajay sethi
(Expert) 01 January 2014
for safety sake register the will . if your legal heirs raise any dispute regarding will CIDCo will direct beneficiaries to obtain a probate of the will .
Rajendra K Goyal
(Expert) 01 January 2014
Nominee is trustee of the assets of the deceased. You can get it registered with the CIDCO. Rs. 5000/- in not a big amount.
MANISH ASARKAR
(Querist) 02 January 2014
Thanks for your views. It is not a question of Rs. 5000/- but to know the legal sanctity of the prcoess specifically in view of the fact that there is no provision of nomination under the Apartment Act.
V R SHROFF
(Expert) 03 April 2014
Pay Rs. 5000/- or execute WILL.
not worth wasting time/ money/ & be harassed /
V R SHROFF
(Expert) 03 April 2014
who want to burn 100/- oil overnight to find a needle?? be practical,
Everything cost,
Hemant Agarwal
(Expert) 30 August 2014
1. CIDCO charges over 35000/- (as transfer fees) for transfer of ownership name in its records, for any apartment constructed over CIDCO owned lands.
2. CIDCO is autonomous body and has its own rules. IF nomination is registered with CIDCO, THEN transfer of ownership name in its records, is conducted without any transfer fees. This why probably CIDCO charges nomination fees (pound of flesh required by rulers/administrators)
3. Note: Nomination can be executed in favor of ANYBODY, which includes the local Paanwala, a beggar, a politician.
4. Though nomination is registered without any charges /fees by all statutory authorities for all movable properties (Post office, Banks, NSDL, membership of Societies), as yet and till date there is no rules for registering nomination for IM-Movable properties.
Keep Smiling .... Hemant Agarwal
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