Nomination of flat in co-operative housing societies
Adv. Mohan Chandra
(Querist) 15 August 2014
This query is : Resolved
Sir,
If husband and wife are jointly holding a flat where wife's name is first in the agreement and the husband's name stands second.
I have two queries
1. In the event of death of wife in view of the above agreement does the husband becomes a legal hire automatically or a nomination in favor of the husband is necessary to be executed.
2. In the event they wish to nominate their son after death of both, but in the event of death of wife the husband should be the legal hire what procedure will have to be followed in the housing society
I will appreciate if you will kindly guide me on above matter.
M.Sheik Mohammed Ali
(Expert) 15 August 2014
your query above mentioned that second signature of the husband, so if wife died, the half of the share will go legal heir and her husband.
ajay sethi
(Expert) 16 August 2014
1) nomination in favour of husband is ne cessary
2) prepare a will mentioning that son would inherit the property
society will transfer on basis of nomination received
Rajendra K Goyal
(Expert) 16 August 2014
1. In case of death of any one his 50% share would rest in all the legal heirs.
2. Agree both should prepare will.
Sri Vijayan.A
(Expert) 17 August 2014
I agree with Exp.Mr.Rajendra K Goyal
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
The property jointly held by both. On the demise of wife, her husband along with her son(children)will get a legitimate share as a legal heir to her and vice versa. The nomination in the society is mere trustee,who has to hand over the property to the legal heirs after receiving it.
Kumar Doab
(Expert) 30 August 2014
Legal heir are not chosen as per personal wish of a citizen. The personal law applicable to the citizen provide clear directions who are legal heir/successors!
>>> If property (flat) is jointly held as per sale deed then both should be owners of 50% share.
>>> Nomination in society is just for the purpose of dealing by society for admn. purposes……………………………the nomination is society does not create a parallel succession law.
The nomination in society does not superseded right of legal heir/successors.
However as per society rules/practices……………………………the legal heir/successors may have to obtain decision from court in favor of legal heir(s)………………………..in case nomination in society records is made by the member(owner) in the name of some person other than legal heir/successor.
Therefore nominate the person whom the owner wants’ to be the next person with whom society should deal after his/her death………………………………
>>> The estate of a Hindu Female dying intestate as per Hindu Succession Laws shall devolve upon:
---If the property is self earned/self acquired:
Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
--- If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
---If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters
