Transfer of flat to the nominee
jwalamukhi
(Querist) 09 January 2015
This query is : Resolved
a flat was in the name of my mother. she had nominated me(son) as the sole beneficary my giving nomination in the society. now my mother has expired. i have one sister who is married and my father is no more. I had submitted all the documents to the society for admitting me as member as i am the sole nominee. i have also given indemnity bond to the society. The society chairman is telling me to get legal heirship certificate from the court.but he is not giving me anything in writing. suggest me what should i do and where should I go.
Guest
(Expert) 09 January 2015
Dear Author, Nomination could be only as a Responsiblity and not as any Legal Right.It does not mean that nominee could be the sole owner of the same.Your Society chairman is absolutely Right In seeking the Legal Heirship Certificate from Court with details of Legal Heirs to whom the Ownership would be Transferred.You should apply for Succession Certificate From Court Mentioning the Details Of Legal Heirs of your Mother.Consult Local Good advocate with all your Co Legal Heirs.
jwalamukhi
(Querist) 09 January 2015
respected sir,
what is the use of giving nomination?
the society chairman has to follow the byelaws. There it is clearly given that he has transfer the flat in the nominees name. Sir with due respect to you I know that the responsibility of the society is as a trustee.there is now such provision in byelaws. yes, if there is no nominee then I think he has full right to ask for legal heirship.
Guest
(Expert) 09 January 2015
Dear Author Even for Bank accounts the Bank Insists for Nominee.It does not mean that on demise of the a/c holder all the balance lying should go to Nominee.Nominee is authorised to act and submit the details of Legal Heirs Legally .Like wise It is the Same with Your Society Also.
jwalamukhi
(Querist) 09 January 2015
SIR,
WHAT WILL BE THE APPROXIMATE COST OF GETTING SUCCESSION CERTIFICATE AND THE APPROX. TIME TAKEN.
Guest
(Expert) 09 January 2015
Dear author,Consult your Local Good Advocate.It could be done with in 90 days.The advocate fees would be confirmed by Your advocate.
B K Raghavendra Rao
(Expert) 09 January 2015
If your nomination is without any defect and if it has been accepted by the society while your mother was alive, the society now cannot say that membership would not be transferred from your mother's name to your name. Issue a legal notice to the secretary of the society and await his response.
Rajendra K Goyal
(Expert) 10 January 2015
When the nomination is in your name the society is not justified in asking succession certificate or legal heir ship certificate. It seems that society is either harassing or taking extra cautions.
Try to have amicable solution if not possible send legal notice.
ajay sethi
(Expert) 10 January 2015
nominee is only trustee for legal heirs . society can transfer flat in name of nominee but nominee cannot sell flat . you would need succession certificate from court
malipeddi jaggarao
(Expert) 10 January 2015
Society has to transfer the flat in your name if the nomination is proper and such transfer is allowed by bye-laws. But, you will not the absolute owner, you are a trustee for the legal heirs of your mother. Hence your sister can claim her right in the property. You should obtain a succession certificate and relinquishing deed from your sister to become absolute owner of the property.
H.M.Patnaik
(Expert) 11 January 2015
Pl. get in touch with an experienced civil lawyer of your locality and discuss the issue with copy of society bye-laws, letter of nomination and any other relevant correspondence by the society with you in the capacity of Nominee of the flat .
As far as law is concerned , the property does not automatically pass on to the Nominee of the flat after demise of the original owner, succession certificate is needed in your favour.
For this purpose you have move the jurisdictional Revenue authority .
T. Kalaiselvan, Advocate
(Expert) 14 January 2015
Though Nominee is just a trustee for the legal heirs and can receive the property on behalf of legal heirs, the society is rather obliged to to transfer the shares on the name of nominee if there is no order of restriction from any court of law in this regard. You may issue a legal notice if the Chairman or secretary of the society refuses to oblige. However, remember that your sister too has a right to a share in the property legally.
jwalamukhi
(Querist) 19 January 2015
IS THERE A LAW UNDER WHICH I CAN FILE A SUIT IF THE SECRETARY REFUSES TO TR THE FLAT IN MY NAME AS I HAVE A BAD RELATIONSHIP WITH HIM OR SOME OTHER MATTER..
jwalamukhi
(Querist) 20 January 2015
IS THERE A LAW UNDER WHICH I CAN FILE A SUIT IF THE SECRETARY REFUSES TO TR THE FLAT IN MY NAME AS I HAVE A BAD RELATIONSHIP WITH HIM OR SOME OTHER MATTER..
Hemant Agarwal
(Expert) 28 February 2015
1. Based on the Nomination Form, First make a proper application to the Society with all the relevant supporting documents (death certificate, indemnity bond and so on .... )
2. IF the Society refuses, THEN file a application before the Cooperative Registrar of your ward, for his final decision.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Expert) 28 February 2015
You can act upon the advice of Shri Hemant Agarwal.
