SAMIR SHAH 20 May 2023

What is the procedure for a nominee who is not in blood relation selling property in mumbai

Hi,

Mr. A Original owner

Mrs. B wife of Mr.A

Mr.A bought flat from builder residencial premises in 1973 agreement for sale , that time registration was not there .

Mr.A Died in 2012 and the property was nominated Transfferd to her wife B who is legal owner , they dont have any childrens or close relatives.

Ms B was not keeping well so she nominated her property in the society records to Ms C & D who took care of her ( they are her friends }

Ms B died in 2017 so Ms C & D approach the society to transfer the membership in their name since they were nominated.

Society did the transfer in their name after getting nomination formalities done.

Now 2023 Ms C & D who are nominees want to sell the flat since nobody has approach them for the property i mean any relatives.

How can they sell the property in a legal way so that in future buyer is not in any trouble.

All are from parsee communities A B C D .

Pls advice

Regards,

Samir251176@yahoo.co.in

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 20 May 2023

A. Repeated query. Already answered in expert column.

Dr J C Vashista (Advocate) 21 May 2023

Why same query is repeated time and again, which is absurd and ridiculous.

However, If you are not satisfied with the obligation (FREE OF COST) of experts on this platform it is better to show relevant documents to a local prudent lawyer for proper analyses and professional advise.

Siddhi 21 May 2023

MC may accept the nomination so that society gets paid for the monthly bills and other dues if any. This doesn't make them owners as they are just custodian till right blood relative makes claim to the property. There are chances of foul play by MC which may help them to dispose of the property for bribes. Make police complaint immediately.

T. Kalaiselvan, Advocate (Advocate) 21 May 2023

The so called C and D were never a owner of the property neither they are the legal heirs of the original owner or the subsequent legal heir of the deceased owner.

From your contents it can be seen that even the original owner was not having a registered title deed in his name nor his wife taken steps to transfer the title to her name either by a registered deed or by transferring the revenue records or mutation records to her name.

Therefore C and D who were taking care of B cannot claim title to the property transferred to them from the deceased person who herself was not having a clear and marketable title to claim the ownership of the property.

Therefore the care takers can discuss with a local advocate and look for any other option to acquire title after which they can sell the property.