Is nomination form not enough for property transfer?

Querist : Anonymous (Querist) 07 September 2022 This query is : Resolved
Husband expired recently and left behind two apartments for wife and two sons.

The documents clearly states that the husband was the sole-owner of the first apartment and on the second apartment had his wife as the second owner.

Both apartments have nomination forms where he nominated his wife and elder son on the first apartment (where he was the sole-owner), and nominated younger son on the other apartment (where wife is the joint owner).

In order to now transfer the property title, the society is asking for death certificate, nomination form, marriage certificate, gift or transfer deed and also a legal heir certificate?

We checked the society by-laws which doesn't ask for any of this, but the society is still persistent on the said documents so that in-future in there are any property disputes the society is not blamed or asked to come to court.

Need guidance on what is required for transferring the title? Has anything changed on society by-laws.

Follow Query

Report Abuse

Quick Summary

A recent discussion explored whether a nomination form alone is sufficient for transferring property after a husband's death, especially when he owned properties solely or jointly with his wife. The society is requesting additional documents such as a death certificate, marriage certificate, gift or transfer deed, and a legal heir certificate, citing potential future disputes. While the society by-laws don't explicitly list these, legal advice suggests consulting a lawyer and obtaining updated by-laws to understand the precise requirements for property title transfer.

kavksatyanarayana (Expert) 09 September 2022
You may obtain a copy of Bylaws with amendments if any from the Dy.Registrar of Societies of your district by paying necessary fees. After receipt of a copy of bylaws and amendments(if any), you may file a case after consulting a local lawyer with the material you have.

Dr J C Vashista (Expert) 11 September 2022
Nominee shall have right to succeed the deceased member in both the cases.
Consult a local lawyer for proper opinion on the basis of records and laws applicable on the subject (since Cooperative Societies are governed by State laws), professional advise and necessary proceeding.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries