Pascola lisboa (Sr.Mgr) 28 March 2012

Noc for flat transer to nominee

Dear Sirs,

Need to understand if the following action was appropriate by the managing commitee :

Flat was in the name of the mother. She approached society for an NOC to transfer flat in the name of the Nominee which is her son. Society had no objection since this was on records and that there was no dues pending. Upon transfer of flat by paying stamp duty etc. Share certificate too was transfered to Son's name.

Since the the Flat owner (mother ) is a second wife of her deceased husband, the son of the first wife also wants to claim his share.

Under law, on what grounds is the step son a legal heir ?

The stepson has written a letter to the secretary of the society to not give any NOC and is demanding a reply on the society's letter head. Should the society issue a reply on its letter head since he is not a member or co-heir of the property ?

What are the consequences, if the society does not issue a letter. or what should the society reply to the stepson..

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6 Replies

(Guest)

The source of acquisition of the flat by the second wife is very important. The query can be answered if the details are appropriately given.

Pascola lisboa (Sr.Mgr) 28 March 2012

Dear Sirs,

The flat was purchased from the builder in the name of the 2nd wife when the husband was alive. Which means, the original owner was the 2nd wife.

M. A. Khan (advocate) 28 March 2012

Society has already transferred share certificate on the name of son of second wife. Therefore, now no question of entertaining any claim. one who approached to society can be asked to challange the transfer in court of law and bring appropriate order of his rights on the flat.

Claim of son of first wife depends upon as to who purchased flat originally. if the same was purchased by husband, than first wife's son has claim, otherwise not.

sridhar pasumarthy (ADVOCATE) 29 March 2012

No locus standi for the step son to claim any right over the property though consideration was paid by the husband.

Section 4 of Benami Trnasactions Act bars any suit or proceeding etc. in that regard.

So, society can bluntly ignore his claim as unlawful.

If society fails to co-operate, issue a lawyer's notice and approach a court of law if it doesn't work out.

(Guest)

The Hon'ble Supreme Court has considered such issues indepth in one of the judgment where the property was purchased out of the funds of the husband and in the name of wife. The Hon'ble Supreme Court decided the case against the objectors claiming that the property was that of the wife.

Dilip Narshibhai Padhiyar (Manager) 26 September 2014

Dear Sir,

Recently my cousin brother son Mr.Himanshu Padhiyar, who is 29 year old has passed away due to some medical problems. Mr.Himanshu Padhiyar the husband of Ms.Mansi Padhiayr who has delivered baby boy on 15.08.2014 and he expired on 17.08.2014. Currently in this house, his both parents , his elder son with his wife and two sons staying jointly.

Now, problem is, in the society record and his registered agreement, Mr.Himanshu Padhiyar was the owner and the nominee is his mother Ms. Kalaben Padhiyar.

So, In case if we want to do the transfer from Mr.Himanshu Padhiyar to his month, do we need NOC from Ms. Mansi Padhiyar who is wife of late Mr.Himanshu Padhiyar.

Please guide us and show me the way to complete the transaction with the society.

Looking forward your kind help with proper advise pls.

Regards,

Dilip Narshibhai Padhiyar