Pyarali Nayani
22 July 2021 at 16:49
I purchased a flat at yari rd Versova Andheri West through my sole source of funds in July 2005 I had also kept my wife as a co-owner and we signed and registered the purchase deed jointly. No percentage ownership was mentioned in the agreement or in the society correspondence. As a part of procedure that time, we nominated our son Rafiq Pyarali Nayani as a nominee 100% and submitted the nomination form in the society office signing jointly.
In November 2011 my wife left the house along with 2 minor children at that time we had 2 children son 10 yrs and daughter 6 yrs (daughter was born in October 2005) over a domestic/family disputes. Since then till date my wife was staying separately along with our children at different locations. My wife had also sent written intimation the society office in 2012-2014 saying that i should not be allowed to rent, sell, transfer the property and she also requested copy of the sell agreement and nomination registration. Which society office gave it to her without taking my permission. Last month on 27/6/2021 my wife passed away at her Bandra maiden resident. I was informed for the same so I attended the funeral.
A very next day on 28/6/2021 my son wrote an email to the society office saying that "he is the nominee and my daughter is legal heir in the said property and I should not allowed to rent, sell , transfer the mentioned property to anyone else"
Further society office also received a letter from my son's lawyer asking society not to permit me to rent, sell, transfer the flat and also asked to register his client Rafiq Pyarali Nayani as a member/shareholder and to nominate my daughter Elham Pyarali Nayani as a sole nominee and if it is not done then there will legal consequences against the society and me.
Society told me verbally that now I can't do anything as I don't have any rights to rent, sell or transfer the property. Which I m bit surprised.
As I have purchased the flat through my sole source of funds from my singal bank account and till date I m paying all the society dues and property tax through my sole singal bank account.
Please let me know what are my ownership rights and also rights to sell, rent, transfer the property
Can nominee claim 50% share in jointly owned property
I purchased a flat at yari rd Versova Andheri West through my sole source of funds in July 2005 I had also kept my wife as a co-owner and we signed and registered the purchase deed jointly. No percentage ownership was mentioned in the agreement or in the society correspondence. As a part of procedure that time, we nominated our son Rafiq Pyarali Nayani as a nominee 100% and submitted the nomination form in the society office signing jointly.
In November 2011 my wife left the house along with 2 minor children at that time we had 2 children son 10 yrs and daughter 6 yrs (daughter was born in October 2005) over a domestic/family disputes. Since then till date my wife was staying separately along with our children at different locations. My wife had also sent written intimation the society office in 2012-2014 saying that i should not be allowed to rent, sell, transfer the property and she also requested copy of the sell agreement and nomination registration. Which society office gave it to her without taking my permission. Last month on 27/6/2021 my wife passed away at her Bandra maiden resident. I was informed for the same so I attended the funeral.
A very next day on 28/6/2021 my son wrote an email to the society office saying that "he is the nominee and my daughter is legal heir in the said property and I should not allowed to rent, sell , transfer the mentioned property to anyone else"
Further society office also received a letter from my son's lawyer asking society not to permit me to rent, sell, transfer the flat and also asked to register his client Rafiq Pyarali Nayani as a member/shareholder and to nominate my daughter Elham Pyarali Nayani as a sole nominee and if it is not done then there will legal consequences against the society and me.
Society told me verbally that now I can't do anything as I don't have any rights to rent, sell or transfer the property. Which I m bit surprised.
As I have purchased the flat through my sole source of funds from my singal bank account and till date I m paying all the society dues and property tax through my sole singal bank account.
Please let me know what are my ownership rights and also rights to sell, rent, transfer the property