Transfer of property

Querist : Anonymous (Querist) 07 March 2010 This query is : Resolved
My parents left a self acquired property (House)after their deaths. Meanwhile the housing co op society had made my uncle a memeber in the said society on a basis of the nomination. But now I have legal heirship certificate from the court.
But still society is not willing to transfer the property and asking my uncle if he has any objection?
Does the heirship certificate need to describe all the immovable and movable properties and assets in the declaration?
What should I do?

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Raj Kumar Makkad (Expert) 07 March 2010
It is your legal right to inherit the property left by your parents and nomination in favour of your uncle cannot take away your legal right and moreover you have now legal heirship certificate which is important document in you favour. Society is adopting an illegal procedure. Serve a legal notice to the society and thereafter file a civil suit against it.

Parveen Kr. Aggarwal (Expert) 07 March 2010
Nomination cannot override the entitlements under the law governing succession. Your uncle being nominee can at the most act as trustee for the person entitled, i.e. you. He cannot claim anything in his own right. So, serve a notice on your uncle as well as on the society and in case of their failure to comply, initiate legal proceedings for enforcement of your rights.

Kumar Thadhani (Expert) 07 March 2010
I agree with the above experts.

Querist : Anonymous (Querist) 07 March 2010
Dear Sirs,
Thanks for your advice and assurance. Regarding my second question, the heirship certificate I have doesnot mention the description of the property since it is not meant only for that property but for all the belongings of my parents. But now my uncle is mentioning to society that this heirship certificate is not emant for this property even though legally my father is the only owner of the property bu virtue os sale deed agreement and share certificates of the coop soc in his name.
Does the heirship certificate mentions the descriptions of the property? Please let me know. Thanks.

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