Transfer of share in flat
Ajit N Katkoria
(Querist) 25 March 2012
This query is : Resolved
Sir, one of flat owner had given nomination form by appointing nominee her grandson and was died in 2007, but soc.had taken up this nomination in managing committee meeting in 2009. Now this nomination form can be valid? Since her son, who is an associate member as well as guardian of the nominee,has claimed to transfer the share in his favour. Whether soc.can do this ? what are the docu.required for safegaurding the soc.? Whether this son can give flat on L/L basis?
Raj Kumar Makkad
(Expert) 25 March 2012
Society is bound by the nomination and not by the claim of the son of the deceased. Son is free to bring a succession certificate from civil court but society in the present situation shall have to enter the name of nominee, though, a minor through his father being his guardian as a member in the society record as per nomination.
Shonee Kapoor
(Expert) 25 March 2012
I differ from Ld. Makkad.
Nominee is just the custodian. You can bring succession certificate to claim your right on the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ajit N Katkoria
(Querist) 26 March 2012
Thanks Mr. Makkad & Mr. Kapoor for your valuable advice. But,Sorry Sir, I forgot to mention nomination form date earlier. The date mentioned on it is Nov.2006. One of the advocates told us that since nomination form is dated 2006 & nominator was expired in 2007 & society had taken-up this form in MC meeting in 2009, this nomination form is invalid. Is it true? If yes, in that case we have to consider that there is no nomination & son has to follow the rules acc.to bye-laws. What are the legal doc. he has to submit to soc.? Pl.advice.
Thanks & regards,
Ajit N.Katkoria
ajay sethi
(Expert) 26 March 2012
nomination has to be recorded in nomination register . if it is not done then nomination is inavild .
the legal heirs will have to make an application for transfer of flat . society may insist on succession certifciate
Shonee Kapoor
(Expert) 28 March 2012
I concur, nomination has no value without a will.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
