Civil Procedure Code (CPC)

Transfer of shares and interest in the property after member


Can the provisional member duly admitted on merely the badis of nomination  in chs in Mumbai  as per amended MCS ordinance dt 9th March 2019 rent the flat on leave & licence . 

pl clarify .

 
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Advocate

What is your query? state the facts clearly

 
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In our society .located in Mumbai ,nominee has applied for the transfer of shares and property in his name after the death of member. Priviously the legal heirs submitted the registered will for transfer in their name jointly with the consent of nominee . Society informed to get the will probated. Now nominee applies for transfer of flat as per bye laws with the release deed from  legal heirs  .As per amendment in  byelaws dt 9 th March 2019 society want the probate of will since the deceased member is childless widow and inherited property from husband without legal consent of in laws. Nominee after getting membership wants to rent the flat. As per amendment chs will admit nominee as provisional member . Can provisional member has right to rent the flat.

pl guide.

 
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Advocate

Once the title of the property legally transfer to a person then the person is a absolute owner of the property and the person can limberly to act according his own.

 
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Hello,

Yes, it seems that property is transferred in the name of the nominee. So now the nominee is the owner of the property and he can let out the property as per his wish. If other legal heirs have any dispute then they can proceed and approach the court for an appropriate remedy against the nominee / current owner. 

 
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Hello,

property has not yet been transferred to nominee. society has admitted as nominal member saying that the nominee is trusty on behalf of legal heirs .and since the'' will by deceased childless widow  member for bequeathing the property among 3 sisters and nominee is different who is widow's father is on society  record ,one can not ignore the will and transfer the property in the name of nominee. moreover by recent amendment ordinance  dt 9 th March ,it is clear that society can not transfer the shares of the  deceased member simply on basis of nomination.and nominee is provisional member on temporary basis.and so society requested the probate of will as of now.society will issue a fresh letter to nominee as provisional member as per amendment dt 9 th March 2019.

 
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Advocate

Then probate the WiLL and obtain court order for which consult a local lawyer and act

 
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Advocate

Kindly share copy of the application made to CHS to obtain NOC seeking permission to Rent out the said premises and reply of the Society received. After perusal can provide accurate legal opinion

share at advocatemorzaria@gmail.com
 
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