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Radhakrishna (XXX)     25 January 2017

Nominee versus legal heirs

My grandfather died without will. All the 6 uncles and my father filed a no objection certificate if the flat is transferred to my grandmother and further no objection if my grandmother makes my father and uncle as nominee of the said flat. This no objection was filed in 1986. The society transferred the flat to my grandmother. A nomination form was also filed by my grandmother stating that 'the rights, interest and title in the flat should be transferred to the 2 nominees. Post her death in 2003, the society transferred the flat in the name of the nominees (my father and uncle) by endorsing the share certificate. Now, in 2015, all my 6 uncles have filed a petition for letters of administration for the said flat. The same is based on the fact that they had only made my uncle and father as 'nominees' of the said flat as per section 30 of Maharashtra Co-operative Societies Act and not made them owners. My queries are as under: 1) Is the case barred by limitation? 2) Is the right of the legal heirs maintainable looking at the no objection filed by them?


 3 Replies

Kumar Doab (FIN)     25 January 2017

Nomination in society flats does not create a parallel route to succession.

The nominee is mere trustee.

Nominee is not sole heir to the property.

The personal law that applies to the owner/individual that would determine the successor to the property

The nomination is to avoid uncertainties as to with whom the society should deal to get proper discharge.

The share of legal heirs does not vanish with time. 

The owner could have left a valid WILL.

In case of dispute society may demand succession Certificate.

 The counsels from Maharashtra can advise you the best. 

Radhakrishna (XXX)     25 January 2017

Thank you. So as per the statement given by you 'The share of legal heirs does vanish with time.', limitation period is applicable in such cases and the case is barred by limitation.

Kumar Doab (FIN)     25 January 2017

The typographical error is regretted. I have corrected it to:'The share of legal heirs does not vanish with time.'

This is with limited understanding.

You may wait for the advise of other members/experts.


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