Vinay (abc) 27 April 2010

Transfer of flat

Hi,

My father expired intestate recently and had mentioned my mother as the sole nominee for the flat. My mother has refused to share the property equally between herself, my elder brother and me, though as per Hindu Succession law we all three are the legal heirs.

She has submitted the application for transfer of flat in her name and later plan to transfer the flat to my brother later on.

I have given an objection letter to society requesting them not to transfer the share certificates on her name as I am one of the legal heir.

Can the society transfer the shares in her name inspite of my objections since there is no will made by father?

What are the steps to be taken to preserve my legal inheritance?

Best regards,

Vinay

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4 Replies

bhagwat patil (Property due diligence 9422773303) 28 April 2010

No society cannot transfer as per wsh of nominee.

Kanaksinh P.Boda (Educationist/Lawyer) 28 April 2010

Nominee is like trustee, subject to succession law and can not arbitrarily act atainst it.

Vinay (abc) 29 April 2010

Hi,

Thanks for your propmpt reply.

I wish to know what steps should I take to ensure the society does not transfer the flat to the nominee. The society has verbally told that as per bye laws they will have to transfer the flat in my mother's name who is the sole nominee.

After going thru the bye laws I did not find any mention any procedure to be followed by the society in case of objections raised by the legal heirs. It is just mentioned that on receipt of application from nominee the transfer has to be done by the society.

But on the internet I had come across an article that cited Supreme Court ruling mentioning that the society has to request the nominee to bring a NOC from other legal heirs.

Please advice what I can do to safeguard my legal rights.

Thanks & regards,
Vinay