LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nomination rights

Querist : Anonymous (Querist) 15 March 2021 This query is : Resolved 
Me and my husband were joint owners of the flat, my husband suddenly died, His share of 50% he has nominated me and my 3 daughters. Can the society transfer the 50% in my name or my daughters also become the share holders and associate members. How to go about it
kavksatyanarayana (Expert) 15 March 2021
First, obtain a legal heir certificate from the Tahsildar concerned. The society shall transfer his half share to you. otherwise, complain in RERA.
Dr J C Vashista (Expert) 16 March 2021
Nomination for share of society flat do not transfer ownership but just a custodian of share of the property on behalf of all legal representatives of deceased.
Obtain surviving member certificate from area SDM/ Tehsildar.
Whether the flat falls under RERA ?
Society can transfer 50% share of deceased in favour of other LRs of member in terms of State Cooperative Societies Act & Rules, if the property is located in a CHS.
krishna mohan (Expert) 16 March 2021
Normally succession is based on Hindu Succession Act and if you are Hindu. Since his share of 50% is transferable to you and your daughters, it may be binding. You can get successor certificate and claim for full ownership through family settlement deed duly registered with the help of a lawyer specialized on property matters if you would like to have it transferred in your name.
P. Venu (Expert) 16 March 2021
Are there any other legal heirs?

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

Click here to login now

Post a Suggestion for LCI Team
Post a Legal Query