Can nominee [since member/trustee ] nominate in ppty
AJIT KAWATKAR
(Querist) 14 August 2011
This query is : Resolved
i was nominated by my brother in a flat in co-op hsg socty.After his death my name is recorded in share cert. i'm acting as trustee & during search i reached a conclussion that ppty is a JOINT PPTY but in stands in the name of my said brother.
Accordingly i decided to divide % of share-holding in ppty. In fact i tried to offer the individual share amount by selling the ppty.
Since i have gone old & there is no likelyhood of solving the issue is it possible to NOMINATE anybody legally ? if not what is the fate ? [i have spent lot of money on it] maharashtra.
ashok kumar singh
(Expert) 14 August 2011
appoint someone faithful to u, for doing so, by executing General Power of Attorney in his / her favour through registration of the said Power of Attorney, or execute will in respect of the said property and ur wishes.
M/s. Y-not legal services
(Expert) 15 August 2011
Except you, Is any more legal heirs to your said brother? As of now you are the original owner for the property. Then whats the problem to move further?
M V Gupta
(Expert) 17 August 2011
As per the model bye laws of housing societies in Maharashtra the Society recognises and deals with only registered share holder and does not recognise others. If any other party has a right in the falt he/she has to take legal steps to get himself / herself included in the share certificate as the joint holder. In the absence of such action by the other jt owner, u continue to be the sole perosn entitled to the flat and as such can nominate another person and get it registered in the books of the Society. If u so wish u may file nomination in favor of two persons one of whom may be the person whom u consider to be entitled to a share in the flat. u can specify the share of eachsuch nominee also.
girish shringi
(Expert) 17 August 2011
I do agree with Mr. M.V.Gupta the reason thereof i when joint holder died and he nominated you you become the sole owner.
Now its upto you to appoint any nominee in your absence or make a will.
girish shringi
(Expert) 17 August 2011
I do agree with Mr. M.V.Gupta.Since the second owner had appointed you as nominee,hence you become the sole owner of the property.
Now its upto you to appoint nomineee or make a will.
