Natarajan Viswanathan (engineer) 07 June 2021

Agreement for re development

A nominee has got his name entered in the shared certificate in the co op housing society.When the society went for redevelopment the managing committee made an agreement with the nominee paid stamp duty and registered it. Now the as per the registered document the the nominee is the legal owner of the property as he claims.there are other legal heirs of the decesed original owner. The other heirs contention is with out getting the no objection from other heirs the managing committee can not make an agreement and get it registered as it has become a transfer.Does the managing committee is wrong in their action.Requesting the experts view in this matter
Thanks and Regards

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4 Replies

VIPIN RANA (ADVOCATE) 07 June 2021

Other legal heirs are also having the proportionate right in the property of deceased. Relinquishment Deed or NOC is to be made in favor of.

SHIRISH PAWAR, 7738990900 (Advocate) 07 June 2021

Hello,

Society has not acted wrongly or illegally. But society has to consider the claim of other claimants apart from nominee. Society can direct nominee and other claimants to get their dispute to resolve themself. Nomination does not decide the title over the property other legal heirs also have rights over the property.

Sankaranarayanan (Advocate) 07 June 2021

Better to show all relevant documents and details to local advocate and act accordingly.

Natarajan Viswanathan (engineer) 07 June 2021

Respected Sir,

The society has made an registered agreement with the nominee and with that document the nominee can even sell the the property without the knowledge of other claimants.But of course the other claimants can challenge it in a court of Law.But such a situation has been developed by the act of society.is it not sir

Thanks and regards