Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arpit lalan (Legal Consultancy/Advocate)     11 December 2021

Notice to society from legal heirs format

Does anyone have the format from legal heir to society for not transferring the flat on to nominee without prior consent from other legal heirs.



Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 December 2021

Hello,

Society can legally transfer the flat to nominee as per law and procedure if you want to raise a dispite you have to send legal notice through advocate. 

Arpit lalan (Legal Consultancy/Advocate)     11 December 2021

Hi,

Yes I am a lawyer.  I want the draft.

Kishor Mehta (CEO)     11 December 2021

It is mandatory for the society to transfer the share certificate to the name of the nominee, however this transfer does not make him the owner he holds the property in trust for the legal heir. Supreme Court has held that Legal heir cannot stop the society from transferring the share certificate to the nominee, he should approach the court to prove his claim. 

P. Venu (Advocate)     11 December 2021

To my knowledge, there is no standard format for such notice. But what exactly is the context for this query and the related facts?

G.L.N. Prasad (Retired employee.)     11 December 2021

The nomination gives absolute power to the society to transfer the share/membership as per the nomination registered.  Unless there is a court order restraining them against such transfer, the society is legally bound to act as per nomination.  However, such mere transfer of membership is not amounting to granting of a valid legal title deed as the nominee has to be treated as a "Trustee" for other co-sharers and he can not become the absolute owner through nomination.

Dr J C Vashista (Advocate)     12 December 2021

No specific format has been prescribed in Cooperative Societies Rules


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register