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jayashree joshi   04 December 2023

Transfer of property in housing society

As per MCS act  2019 amendment society has treated nominee (son of brother -in-law) as provisional member till all legal heirs to be brought on record. Meanwhile the sister of a deceased member who was childless widow has sent the death will and instructed society not to do any finantial transation with nominee (a provisional member) member.What action should society take.Pl guide. 


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 December 2023

The society cannot move further in the absence of clear title or the nominee not  establishibng the inheritance rights especially in the eve of a close relative objecting to this arranegement and can remove the nominee from the provisional membership or cancel it..

The society can direct him to produce the court order granting him the succession rights to succeed to this property.

Dr. J C Vashista (Advocate and Legal Consultant)     05 December 2023

Son of brother in-law cannot be LR of the deceased member.

However, facts vis-a-vis query posted are not very clear.

jayashree joshi   08 December 2023

Childless widow the member of society who has acquired property from her husband on nomination basis , nominated the son of brother -in-law. After the death of childless widow ,society made the nominee as provisional member as per MCS act amendment 2019 till all the legal heirs (parents ,brothers,sisters of widow) brought on record. Now the sister of childless widow has sent the unregistered will without medical cert to society and instructed the society not to allow nominee to do any transactions  . However sister has not claimed for the transfer of property in letter alongwith the enclosed  will. Pl guide what action should be taken as chairman of chs. Thanks .

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