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Chandrakant   07 May 2017

Responsibility of a nominee

Is nominee of a residential Co-Op society responsible for paying maintenance charges of the property if the owner of the property does not have assets from which to pay them?



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 5 Replies

G.L.N. Prasad (Retired employee.)     08 May 2017

Strictly speaking, the nomination refers to settling the rights in the name of nominee is the obligation of the organization that registers the nomination.  The nominee's rights are for claiming such property for deceaed, in trust if any for legal heirs alone and not for any other purposes.  If the bye laws of society prescribed some other duties and responsibilities, it is better to have a competent advice from Advocate on such liability.

The society may as matter of courtesy and procedure might have informed of maintenance charges and might have not demanded it from you.   Even otherwise, subject to recovery of the dues to them, if any amount remains, then only it will be settled in favour of the nominee.

Ex: If X was having deposits of Rs.1 lakh, obtained a loan from Bank, expired before the bank, the nominee makes a claim, the bank has to first adjust the dues and then settle the claim in favour of nominee.

What does this mean, to-day or tomorrow socities dues must be recovered  if the claim has to be settled.  Society may refuse to settle the nomination, if there are maintenance dues.

Kishor Mehta (CEO)     08 May 2017

Sir, The society can not demand the payment of maintenance charges from the nominee. Good luck, Kishor Mehta

Kishor Mehta (CEO)     08 May 2017

However the society has the right to recover the maintenance charges from the flat by its auction. Good luck, Kishor Mehta

G.L.N. Prasad (Retired employee.)     08 May 2017

 

"Sir, The society can not demand the payment of maintenance charges from the nominee. Good luck, Kishor Mehta " 

I have illustrated with example for more under standing

The Bank can not ask nominee to pay the loan, but adjusts deposit amount and Settles  balance amount to nominee because the property claimed is liquid in nature.   When it is fixed asset, what is the option ?  Keeping NOC pending till maintenance is settled.

What is the net solution / remedy.  Society has to collect maintenance charges before settling the claim.  What is  much cheaper and  easy way of recovery in the interest of both the parties ?

Naturally nominee settling  the dues himself with a right to recover from concerned legal heirs, if he is not a legal heir, 

Anand Bali Adv. (Advocate Solicitor & Consultant)     08 May 2017

One this is to understand first is that the "Nominee" does not become the "owner" but he is the person who has to perform all the rights and liabilities as of the owner in his absence. 

Housing Society can claim its maintenance out of the property of the deceased through nominee.The burden of which he can not sed down but will be limited to the value of the property of which he has bacome the nominee not to the personal extent.

               www.anandbaliandassociates.com
 
 
With Regards !!
for Anand Bali & Associates, Advocates.
 
Anand Bali, Adv.
(B.Com.; M.A.; LL.B.; M.B.A.)
Supreme Court Of India
High Court of Delhi,U.P. Haryana Punjab & U.K.
For Civil, Criminal, Bali, Property, Recovery, Consumer,
Service, Labour, Divorce, D.V. & Family Disputes.

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