jayashree joshi 06 May 2018
Dear sir
Member of the society got the flat in his name as per nomination .Due to domestic violence his wife and son left the flat and living separately with very low income for last 7 years.Now the member of the society is selling the flat without consent of wife and son.what the wife or son should do for getting the share in sale proceeds of flat.Wife has not yet applied for divorce but determined to stay separately.son has just started earning small pay after completing the education.
Kumar Doab (FIN) 06 May 2018
How are you related with the matter?
Which personal law applies in the case?
Or are all involved; Hindu?
Who was title holder?
What is the relation of title holder with nominee?
The title holder has left any legal heirs e.g; Mother, Sons, Daughters?
IT was self earned/acquired/absolute in the hands of title holder or ancestral?
Confirm!
Kumar Doab (FIN) 06 May 2018
Assuming that title holder was say; Mother, father of nominee and they are all Hindu…and IT was self acquired/earned/absolute in the hands of title holder;
Wife and son have NO forced share in Flat…in the life time of nominee (husband) and their consent is not at all mandatory..
Wife can mention the flat (share in flat) in cases running in courts…
jayashree joshi 08 May 2018
Father made the nomination in the name of son.After the death of the father society trasferred the flat in the name of son X who is now member of society.Due to domestic violence wife of X left the home with son.Wife (Hindu marriage) has written a letter to society not to allow her husband X to sell the flat.As a chairman of society what will be the care to be taken in giving the NOC to Mr X.
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