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

anita patil (Operator)     31 May 2015

Sale of flat by nominated member (owner is deceased)

Wanted clarification from experts for following situation.

Original owner(deceased member) had nominated his wife (who has now the flat transfered on her name on basis of nomination transfer), they have children who are settled and staying on different locations abroad and also other states of india.

Wife and children now want to sell of property.

Some Children are providing photocopy of power of attroney since they stay abroad, and some are providing a written NOC for the same so that their mother can sell of the flat.

From society point of view what all documents are required so that the transfer will be smooth without society getting into any kind of problem if incase there is any claims from any of the children in future. As society members have just received photocopy of POA and have no direct contact/communication with the children residing in other countries.



Learning

 4 Replies

anita patil (Operator)     31 May 2015

Also to add to above query should there be any kind of indeminity bond received from current member? and if any specific content within it?

Kumar Doab (FIN)     31 May 2015

You have submitted many queries on similar matters.How are you concerned with all matters!

 

https://www.lawyersclubindia.com/forum/Objection-claiming-heir-for-flat-transfer-to-nominee-100406.asp#.VWr6AVJ-hkg

https://www.lawyersclubindia.com/forum/Flat-to-transfer-to-child-with-consent-of-father-nominee--100851.asp

https://www.lawyersclubindia.com/forum/Flat-ownership-to-daughter-after-intestate-death-of-mother-101181.asp#.VWr6y1J-hkg

https://www.lawyersclubindia.com/forum/Can-a-nominee-put-a-flat-on-rent--101854.asp#.VWr7HlJ-hkg

https://www.lawyersclubindia.com/forum/Stamp-papers-required-for-flat-transfer-after-deceased-111707.asp#.VWr7YlJ-hkg

 

Does society rules/bye laws allow sale in such manner as posted by you.?

 

If the methodology put forward by you is acceptabel as per society by laws/norms then you may relate to society norms.

The POA sent from abroad is usually thru Embassy and submitted to Registring authority  in India. The NOC submitted to society is again as per society norms. You may check the authenticity of each document.

The society rules/bye laws should provide for the option narrated by you.

 

 

Kishor Mehta (CEO)     31 May 2015

Madam,

I presume you are a resident of Maharashtra, in order to be able to sale a CHS flat the followings are necessary:

[1] Share duly transferred to the nominee,

[2] Probate (in case of  WILL); or letters of administrations or succession certificate from the Judicial Authorities, in favour of the nominee or executor as the case may be.

The nomination confers trusteeship on the nominee and not the ownership of the property. All the legal heirs and beneficiaries of the deceased owner can demand their respective rights in the property of the deceased.

Good Luck,

Kishor Mehta

Mohammed Rizwan Shaikh (AM)     29 June 2015

Hi Anita,

The nominated member cannot sell the flat for a period of one year from the date of transfer. The nominee is not the owner. The nominee is the care-taker of the property. The legal heirs will have to give Relinquishment/ Release Deed in favor of their mother. However, the CHS society will require the following documents:

Procedure to follow for transmission when nomination is made by the flat owner

 

(1) The form of application for membership in Appendix-15, by the nominee/ nominees [ under Bye-law No. 34] with Rs100 entrance fee.

 

(2) If nominee has no independent income source, an undertaking on Rs100 Non-Judicial Stamp Paper, in Appendix-5 will be furnished by a person who is a close relative and an earning member and who is ready to discharge the liabilities of the prospective nominee-member to the Society. [ under Bye-law No.19(A) (v)]

 

(3) If there are more than one nominee, an indemnity on Rs 200 Non-Judicial Stamp Paper is to be submitted by the prospective nominee-member, in Appendix-18. [ under Bye-law No.34 ]

 

(Note: This indemnity is to be given, only if one of the nominees become member of the society. If first named nominee becomes a member of the Society and all other nominees become joint associate members, this indemnity need not be given.)

 

(4) Undertaking on Rs. 100 Non-Judicial Stamp Paper to be submitted by the prospective nominee-member, in Appendix-4. [ under Bye-law No.17(b) and 19(A)(iv) ]

 

(5) Copy of the Nomination Form in Appendix-14, of the deceased member. [ under Bye-law no.34 ]

 

(6) Attested Xerox copy of the Death Certificate of the deceased member. [ under Bye-law no.34 ]

 

(7) Xerox copy of the Share Certificate of the deceased member, with undertaking on the Xerox copy, that original share certificate will be produced by the member, as and when asked by the Secretary for making the name change by the Society.

 

(8) If nominee-member wants to make one of his relatives an associate member, simultaneously with him, he needs to apply by filling the form in Appendix-8, with Rs100 entrance fee for the Associate Member. [ under Bye-law No. 19(B) ]

 

(9) If the nominee already possesses another flat in the same society, then to hold an additional flat, an application in Appendix-28, has to be made by the nominee-member. [ under Bye-law No. 62 ]

 

(10) Nomination to be made by the nominee-member, in Appendix-14, in triplicate. [ under Bye-law No.32 ]

Hope that I have answered your query. However, our ld. Experts will share their inputs.

(Dear Experts, Please correct me if I am wrong)

Regards,

Rizwan Shaikh


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register