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Neha (Home maker)     08 April 2014

Nomination form

Dear Sir,

My father died in year 2000 and survived with my mother, my elder sister and me. He had nominated my mother and me through nomination form.  Accordingly we submitted the application to the society for transfer of shares to my mother name.  We were asked by the society to submit a affidavit which provides no objection by my sister and myself for transferring the share to my mother name.

We submitted the Affidavit and the flat was transferred in the name of My mother.  My mother then submitted the nomination form in my name and submitted to the society.  I am the single nominee in the nomination form.

Now after my mother death, I have applied for the transferring the share of the society to my name. 

I have submitted the application form, Xerox Copy of the nomination form and indemnity bond and all the necessary documents as prescribed.                           

Now the society is asking for a Affidavit as a NOC from my sister.  They also want to give advertisement in newspaper.

I have few questions:

Was it right in the first place to ask for NOC from my sister when she was not nominated by my father in the nomination form?

I have already submitted a NOC of my sister in the beginning to the society. Do I need again to take consent from my sister. 

Even if my sister gives a consent, will again in future after my death, my children have to take consent from my sister. 

do I have to pay for advertising in the newspaper?

 

 Regards,

 

Neha

 

 

 



 2 Replies

Advocate Ravinder (Advocate/Attorney)     09 April 2014

Nomination is only handing over of the shares on the nominee, but it is not conclusive proof of title.  Hence, your sister can raise objection in future at any point of time. In order to avoid all this problem, you and your sisters enter into registered family settlement/partition of your properties by paying the required stamp duty in the local sub registrar office.  In A.P. the stamp duty for partition is 1% on the govt. value of the immovable property. Once partition is over, there is no necessity to give paper publication. You can directly submit the registered documents before the society.  

T. Kalaiselvan, Advocate (Advocate)     10 April 2014

Was it right in the first place to ask for NOC from my sister when she was not nominated by my father in the nomination form? Yes it is legally right.

I have already submitted a NOC of my sister in the beginning to the society. Do I need again to take consent from my sister.  Yes, it is very much required, the reason being she is one of the legal heir to your mother.

Even if my sister gives a consent, will again in future after my death, my children have to take consent from my sister.  No, i will not be required because your sister will not be a class I legal heir to you, only your children and your wife need to give NOC

do I have to pay for advertising in the newspaper?  Yes, if mandated by the bye-laws  of the society.

 


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