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Ravi Partha   14 November 2021

Chs - single nomination form executed by joint holders

My parents are Joint Title-Owners of a Flat in a CHS in Navi Mumbai, Maharashtra. They have jointly signed a single nomination form nominating me (their son) as the nominee. The nomination form has been recorded in the CHS nomination register.

My parents (both alive) are Resident Indian Citizens and I am an OCI holder. 

I just want to understand the complete process and to make sure everything is in place beforehand.

Questions:

1. Is a single nomination form jointly signed by the joint holders legally valid?

2. After one of the holder passes away, does the nomination continue to be valid ? Does the CHS need to be informed about the passing away of one of the holders? Is there anything to be done after one holder passes away to continue to keep the nomination valid? 

3. When does the property actually transmit to the nominee - is it after both the holders pass away? And what are the steps to get the property registered in the nominee's name in the CHS register? Other than the CHS, are there any Government Agencies, where the new owner name needs to be registered? What are the share certificate and title documents the nominee should obtain from the CHS and Government Agencies to make sure the title transfer is complete?

4. Is there anything specific I as the nominee should be aware of because I am an OCI?
Thanks in advance for your responses.



 12 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     14 November 2021

Pointwise replies are as follows:

  1. Yes
  2. Yes, and you need to inform the CHS with Death Certificate/s and get the Share Certificate transferred to you as the sole nominee.
  3. When both the Joint Owners are no more.
  4. To the extent of ownership and passing on of the property to you, there is nothing special to be followed as OCI. However, if and when you wish to sell the property, you need to credit the sale proceeds to your NRO account. And, if you wish to repatriate the funds so credited to NRO account, there is a limitation of USD 1.00 million per annum (1st Apr to 31st Mar). Such remittance within USD 1.00 Million is subject to your submission form 15CA and 15CB to the bank where you have an NRO account and through which you are repatriating the funds. Relating to the submission of 15CA and 15CB, you may contact a local Chartered Accountant in case you need to repatriate the sale proceeds (within the limit of USD 1.00 million per annum).
1 Like

G.L.N. Prasad (Retired employee.)     14 November 2021

The nominee is not a titleholder.  You have to get either a will registered or get a gift deed in your favour to become the absolute owner legally.

1 Like

Kishor Mehta (CEO)     14 November 2021

Nominee is only a trustee holding the property in trust for the legal beneficiaries. The legal beneficiaries have to approach the Hon. Mumbai High Court for a probate on the WILL of the owner or Letters of Administration in absence of a WILL to become absoute owners.

1 Like

Ravi Partha   14 November 2021

Thank you for the detailed point wise responses. A follow up:

Since it is likely the holders will pass away at different times, does the death certificate need to be filed with the CHS each time a holder passes away? Or can the nominee wait and file both death certificate(s) together at the time of requesting transfer of share certificate after both holders pass away?

G.L.N. Prasad (Retired employee.)     14 November 2021

The nomination comes into effect only after the death of both the joint holders.  The living has to produce a death certificate for deletion of the other person that passed away, the books must show a single holder as surviving.  After the death of survived also, nomination steps in.  The nomination can be canceled at any time and another person can be nominated during the survival of true owners.

1 Like

Dr J C Vashista (Lawyer)     15 November 2021

Well analysed, opined and advised by experts I endorse the same.

Nomination shall come to effect after death of both the owners of the subject property

1 Like

Ravi Partha   15 November 2021

Yes, this has been a very helpful discussion.

I have one more follow up question:

Since each of the joint holders has separate wills, which of the two wills does the nominee need to get probated/registered at the Mumbai High Court in order to become an absolute owner legally? Is it the will of the person who passes away last?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     15 November 2021

ARTICLE:  NOMINEE DOES "NOT" BECOME OWNER OF FLAT
https://chshelpforum.com/nomination-in-chs

G.L.N. Prasad (Retired employee.)     15 November 2021

B o t h wills to be registered.

Kishor Mehta (CEO)     15 November 2021

Both the WILLS need to be probated as they relate to the ownership of their respective shares in the property.

P. Venu (Advocate)     15 November 2021

The posting suggests deeper issues. Are you the only legal heir to the parents? Have the parents executed a Will in your favour in addition to the Nomination?

Dr J C Vashista (Lawyer)     16 November 2021

Probation of will is compulsory in Maharashtra.


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