Validity of leave and licence agreement entered nominee
Kailash Joshi
(Querist) 31 October 2014
This query is : Resolved
The Property owned by Mr. P at Mumbai, expired in 2002, subsequently property transmitted to Nominee (wife A). there are 5 Other legal heirs. Now Nominee (wife of P) entered the Leave and Licence agreement (without prior consent).
Whether the said leave and licence valid if
a. LL agreement executed (possession pending); b.LL executed and possession passed.
b. What are recourse available to other legal heirs from Court / from Society / from Registrar of Soc./ Whether legal heir can file case in Co-op. Court if society not replying to their letters
Devajyoti Barman
(Expert) 01 November 2014
How many times would you post the same query??
Kailash Joshi
(Querist) 01 November 2014
Sir,
There are two different queries, one relating to WILL and the above query relates to the leave and license agreement entered by Member registered in capacity of Nominee in Co-op. Hsg. Society, who is creating a third party rights without consent of other legal heirs.
Hope the same clarifies the query
ajay sethi
(Expert) 01 November 2014
nominee is only a trustee for other legal heirs . if deceased flat owner died intestate apply for letters of administration from bombay high court . also issue legal notice to society not to grant permission for giving flat on leave and licence without consent of other legal heirs
M V Gupta
(Expert) 01 November 2014
I agree with the view of Shri Ajay Sethi.
