Transmission of immovable property

It is believed that you are all Hindu.

Confirm!

Nomination in housing society is not a parallel route to succession.

Society seems to have transferred shares to Nominee.

Nominee is mere trustee and cannot sell.

It is felt that society is not misleading/misguiding you.

The society may agree on relinquishment by other legal heirs in favor of anyone say Grandmother

Or buyer may agree if all legal heirs come forward to sign sale deed…..

Death certificate, legal heir certificate are basic requirement.

Apparently society office bearers are properly informed.

Develop and maintain rapport with them.

Ask them of all requisites and for satisfactory completion.

They may agree on release/relinquishment.................and fascilitate smooth transition....per procedure..

Same Query:

https://www.lawyersclubindia.com/experts/Transmission-of-immovable-property-648966.asp

1.  Kindly prefer to visit the following link, for answers to most of your queries:

https://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp

Keep Smiling .... Hemant Agarwal
VISIT:  https://www.maharashtra-society-help-forum.com

The querist and readers can benfit from the link provided by Mr. Hemant Agarwal.

Originally posted by : Darshan Gosalia
	I am a resident of Mumbai. My grandfather had nominated my grandmother for the immovable property in the nature of flat in a co-operative housing society owned by him. My grandfather passed away last month. Now, we have submitted the documents required for the flat to be transferred to my grandmother as required by Maharashtra State Co-op Act, Rules and Bye Laws (Bye law No 34). However, the housing society claims that my grandmother, being a nominee, can be admitted only as a nominee member. She can act only as a trustee of the said flat. Hence, she cannot sale the said flat. The Act mentions that on death, the property shall be transferred to the nominee. It no where mentions that the member should be made a nominee member. By the term 'transfer', I understand that on transfer, the transferee shall have the absolute right over the said flat to deal in any manner as she deems fit. I would like to know whether the society's contention is true to make my grandmother a nominee-member? If so, to what extent? What other procedure should be followed to make my grandmother a full-member from the current nominee-member? Can a housing society restrict a member's right to sale the said flat? Is the flat 'transferred' or is it 'transmitted' on death of the member? If it is 'transmitted' what are the legal differences from 'transfer'?

It seems you are not clear on your problem. You have to make clear, whether you are concerned with the nomination, if not registered by the society; or transmission of the property by the society in the name of the nominee,; or mutation of property in the name of the nominee after transmission; or sale of property. If interested only in sale of the flat process of all the previous three stages will have to be accomlished turn by turn.

So far as I understand, your problem cannot be solved by merely reading the extra long article of the expert to the length of several pages pertaining to nominations, as available on the link provided to him. So, first decide, what exactly is your requirement, so that you can get exact solution to your problem

.

The person (member) whom you address as owner has died.

Nominee is mere trustee as rightly pointed out by society and can  not sell.

The artcile link and other artciles by Mr. Hemant Agarwal are detailed,precise and concise.

Mr. Hemant Agarwal is from your state and expert on society matters.

If you wish you can get in touch with him and benefit from his advise to  your matter.

You can also go thru the threads placed under the profile of all members/experts and assess yourself.

In this thread also let us wish IT=@PSD eternal peace and sleep.