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sandeep Vichare   10 March 2024

Flat owner ship

can a nominee own the flat after the sad demise of the flat owner in a hsg society


Learning

 3 Replies

SRIPRAKASH BHATTACHARYA (RETIRED)     10 March 2024

As per Co-op. Acts and Rules, the society is bound to tranfer shares in the name of the Nominee on the demise of the member. The Nominee doesn't have absolute power to use the flat and to do so relevant succession act will be applicable. 

T. Kalaiselvan, Advocate (Advocate)     10 March 2024

Nominee is just a trust of the deceased, he can receive the property on behalf of the legal heirs of the deceased and have to handover it to the legal heirs.

Nominee is not having legal rights over the property.

Dr. J C Vashista (Advocate )     11 March 2024

Cooperative Societies Act recognise registered "nomination" as legal representative of the member, despite the fact a nominee is just like a caretaker on behalf of LRs of deceased member.


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