50% share in flat to nominees
Ajit N Katkoria
(Querist) 28 October 2018
This query is : Resolved
First owner Mr. X & second co-owner Mrs. Y jointly owned flat in CHS. They had combined filed nomination form with the society by nominating their 3-daughters. The Mang. Committee of the society had accepted and recorded the said nomination in the minutes book awa nomination register. Now, second co-owner Mrs. Y expired and her 3-daughters had requested to transfer 50%of their mother's (Mrs. Y) share in flat to their names. Can we trf. in their name as their father (Mr. X) is still alive who had filed single/combined nomination form? Please advice.
sanjeev kumar goel
(Expert) 29 October 2018
Until any owner is alive nominees have no right in property. Here Mr X, the father of nominees is alive so his daughters can not force to enter their names in property in lieu of their mother who was co owner in property with her husband.
Guest
(Expert) 29 October 2018
What is your interest in the nomination case by mother & father for their daughters?
Dr J C Vashista
(Expert) 29 October 2018
Submit your reply to the relevant question raised by expert Mr. PS Dhingra ji for consideration, analyses and obligation, if there is some truth in the story.
M V Gupta
(Expert) 29 October 2018
In my view the application made by the daughters for transferring the 50% share of their deceased mother should be accepted by the Society. In the case of jointly owned properties each owner has a distinct and undivided share in the property and they are entitled to give separate nominations in favor of different persons or the same persons. When one of the co owners dies his or her share in the property vests in the nominee selected by him or her.If the Society does not effect the transfer of deceased share then her share remains un-represented as in view of the nomination the surviving co owner cannot legally deal with the deceased's share.
Guest
(Expert) 29 October 2018
@ Mr. MV Gupta,
The question is about implications of the law of nomination, not of individual views or opinions on hit & trial basis. It would be nice on your part, if you can make clear, which law provides for partial application?
M V Gupta
(Expert) 30 October 2018
@Mr. Dhingra
Section 44 of TP Act deals with transfer by one of the co owners of his share in the immovable property. As a corollary one of the co owners of a flat can legally transfer his or her share in it where by the transferee gets the transferor's right to joint possession. However in the instant case we are concerned with the right of a nominee of a co owner of the flat to get his/their names in included in the share certificate as associate member/s in place of the deceased member. In this connection attention is invited to section 30 of the Maharashtra Coop Societies Act 1961 (and similar provisions in other State Laws) in terms of which "on the death of a member of a Society, the Society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the Rules...." I tendered my views earlier keeping in view these legal provisions.
Note: I always welcome comments on legal issues for healthy discussion but not comments against an answering expert.
Guest
(Expert) 30 October 2018
@ Shri MV Gupta,
Do you mean to say that the dead mother of the girls can now transfer her share of property u/s 44 after her death, which she could not do during her life time?
I would be obliged, if you please enlighten the readers about the provision of law, under which the husband of the deceased or the society is authorised to act upon the joint nomination during the life of the co-owner.
Ajit N Katkoria
(Querist) 31 October 2018
Thank you Mr. Goel, Mr, Dhingra and Mr.Gupta for your valuable reply. For your updates, the daughters (nominees) have submitted death certificate of their mother, affidavit and advocate's advice report which states that society can transfer 50% share and interest in the flat of their demised mothers (co-owner) to the daughters even though mother and father had filed combined nomination form with the society. So, on the basis of these documents, can we write behind the share certificate and do the transfer of 50% share to three daughters?
Guest
(Expert) 31 October 2018
You have not replied my earlier query. So, based on your latest post, please clarify, what is the response of the society and what is your own concern with the case?
M V Gupta
(Expert) 01 November 2018
Thanks Mr. Katkoria for up date. In view of he legal provisions quoted by me above, I agree with the legal opinion submitted by the daughters. It would be in order for the Society to enter the names of he daughters on the reverse of the Share certificate and the daughters can be, on their submitting application in the form prescribed in the bye laws, registered s associate members.
@Mr. Dhingra. The issue is squarely governed by the provisions of the Cooperative Societies Act. So far as the husband is concerned the nomination given by him will continue and upon his demise the nominees namely the daughters will be entitled to get the share of their father transferred in their name. However if the Society so desires they may obtain a fresh nomination form from the husband.
Guest
(Expert) 01 November 2018
I reserve my comments due to no response to my queries by the querist. Reality of the problem seems to be doubtful.
sanjeev kumar goel
(Expert) 02 November 2018
I appreciate the views of our expert Mr M V Gupta and moreover if the father has no objection in entering the name of his three daughters in place of his deceased wife's name and society also has no objection then the names of three nominee daughters can be entered in the register of members of society if there is no other legal issue between the nominees and the owner of the property.
sanjeev kumar goel
(Expert) 02 November 2018
Mr Dhingra I am unable to understand that rather giving reply to the querry you are interested in the interest of queriest or in finding the genuinness of the query? Experts are here to reply the queries not to check and verify the interests of the queriests or to verify the genuinness of the queries. So far you have not given any comment on this query then which comments you are keeping in reserve and what's teh benifit of keeping your comments reserved here?
Guest
(Expert) 02 November 2018
Mr. Sanjeev Kumar Goel,
Appreciating one or depreciating another advice cannot be justified without satisfying the legal provisions. Instead of asking me a question, you could better have quoted the legal provision in support of your endorsement and appreciation of the advice of Mr. MV Gupta or to justify even your question to me.
Further, it would have been appropriate for you if you could have tried to understand, why the querist has failed to reply my questions continuously for the last 5 days. Apparently, he can only be a law student seeking 100% spoon feeding to carve out his answer to his academic question, instead of applying his own mind to analyse the law in the context.
Also, you could better have appreciated that experts here are not meant merely to reply the queries of any type, even hypothetical academic queries but are meant to solve the real life problems of the persons, who face legal problems. Had the querist been facing any such problem, he could well have come forward with his real concern, but has preferred to keep silent even on asking.
Although I have already expressed my doubt about the genuineness of the problem, but still I may state for your information that I do not prefer to provide answers to the student queries just to spoon feed the lethargic type of students, who prefer only the ready made answers to their law school exercises through the experts, instead of applying their own mind with analytical examination of the provisions of law. Such students become only mediocre type of lawyers to ultimately become the sole cause of loss and injustice to their clients.
Even if he is a student, he could have applied for his mind and come forward with his own views with specific reference to the provisions of law. On that I would definitely have been pleased to express my opinion, where he would have been wrong, if that be.
In nut shell, to be frank, I do not agree with the views of Shri Gupta, as endorsed and appreciated by you.
Guest
(Expert) 02 November 2018
Mr. Snjeev Kumar Goel,
Further to above, with specific reference to your own statement, " if the father has no objection in entering the name of his three daughters in place of his deceased wife's name and society also has no objection then the names of three nominee daughters can be entered in the register of members of society if there is no other legal issue between the nominees and the owner of the property," can you please clarify, under which law, the society would be justified to raise no objection if there is no objection from the father of the daughters? Also, under which law the society would be justified to operate on the nomination when one of the nominator is still alive?
Guest
(Expert) 02 November 2018
@ Ajit N. Katkoria,
If you are a law student, the above two questions are also valid foryou to apply your mind for analysis of the situation.
M V Gupta
(Expert) 06 November 2018
Dear Mr. Goel. I am in agreement with your view that the experts are to reply to the query posed whether it is one relating to a case actually being faced by them or academic or one posted by them to get legal guidance in a matter in which they are interested whether directly or indirectly. Then only this platform will be of great use to the domestic as well as our citizens who are staying abroad. I have not come across any instructions issued by the administrators of this platform asking the experts not to entertain any queries which do not relate to a live case faced by the querists. However some of our experts feel that no queries which do not relate to live case should be entertained. They are fully at liberty not to come on board for such queries, But they should not question or discourage the citizens to refer legal issues which they want to get clarified..Further as a code of mutual honor there should not be any decrying comments against any one participating in the discussion..
P. Venu
(Expert) 12 November 2018
Is not the nomination under discussion pertaining to shareholding in the Society than to property rights in the apartment/flat? It is my considered view that latter aspect need to be governed by the provisions of Transfer of Property/Succession/Inheritance.
Hemant Agarwal
(Expert) 13 September 2019
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
https://chshelpforum.com/nomination-in-chs
Keep Smiling .... Hemant Agarwal
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