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Audry Fernandes (nil)     27 October 2010

rights of nominees' heirs

WE have time and again been clarifying that the nominee is only a caretaker/custodian and not the sole heir. It has also been stated that the Society can rightfully transfer the flat to the nominee.

Could someone please clarify

1. Can a nominee sell his flat.

2. Upon getting the flat in his name, the nominee(1) promptly nominates one of his heirs as his nominee(2).Upon his demise can the society transfer the flat to his nominee(2)? If so what about the heirs of the original owner. Can the nominee(2) sell the flat?



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 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 October 2010

Legal heirs of the deceased have got share in the property.  If it is transferred to the nominee legal heirs can seek their share in the property.

R.Ranganathan (Advocate)     27 October 2010

You have take immediate steps to claim the property from the nominee who is only a caretaker. You should not have allowed the society to transfer it to the nominee of the caretaker.

Audry Fernandes (nil)     28 October 2010

Thank you both - Adv Rajoo and Mr. Ranganathan. I understand from what you write that if the legal heirs do not bother to claim the property the Society can carry on transferring the flat (property) to the nominees and their heirs.

Does this mean that if the nominee wishes to sell the flat, Society can legally allow. Can the heirs sue the Society later on?

We have a case where the Society transferred to the nominee. After the nominee expired, his sisters produced a will. Committee asked for probate which they did not get done.  Also the nominee had not nominated anyone. Therefore, tho the nominee's family is occupying, the flat has not been transferred to anyone. Can we transfer to the wife of the nominee?

SACHIN AGARWAL (ADVOCATE)     30 October 2010

The transfer of the property in favour of teh Nominee is not legal. The Nominee is just a costodian and not the owner. It is the legal heirs who acquired the rights and title over the said proeprty.

Audry Fernandes (nil)     10 November 2010

Thank you Mr. Agarwal but your response is not clear. As per byelaws, the society is right to transfer the flat to the nominee. I do not understand what you mean by saying that "the transfer of property in favour of the nominee is not legal"

Could you clarify what has the society to do upon demise of the member, if not to transfer to the nominee? Even banks transfer to0 the nominee!
 


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