Co-operative society - maharashtra
Kiran
(Querist) 07 April 2013
This query is : Resolved
In a Co-operative Housing Society in Mumbai. Mr. A was owning a residential flat and was a member of the Co-operative Society.
Mrs. A was the nominee appointed by Mr. A. Besides Mrs. A, Mr. A had four more legal heirs (sons and daughters)
Mr. A died intestate(without leaving his will) and the Society transferred the flat in the name of Mrs. A on the basis of nomination form (which was submitted by Mr.A).
Now Mrs. A desires to transfer/ sell the flat to a third party buyer. Can this be done ?
Mrs A wants the society to add one of her sons name as co-owner. Can this be done ?
Please advice.
Kiran
ajay sethi
(Expert) 07 April 2013
Mr A is a mere trustee . she cannot sell flat to third party without consent of other legal heirs .
the name of one of sons as co owner can be done only with the consent of other legal heirs .
R.K Nanda
(Expert) 07 April 2013
agree with sethi.
Raj Kumar Makkad
(Expert) 07 April 2013
All 5 legal heirs of deceased A are equal shareholders though the name of Mrs. A is shown in the record of the society being nominee of the deceased. All jointly can sell the property.
Kiran
(Querist) 14 April 2013
1. In the same case (as above) can Mrs A (who has been admitted as member by the society in her capacity as Nominee), further nominate any one ?
Please advice.
Hemant Agarwal
(Expert) 18 March 2014
1. A Nominee is NOT a Title-Owner, HENCE has No right to sell property, even if the Nominee is a "legal heir", since the Title of the property will always remain defective and disputable, more so since a Nominee cannot become a Title-Owner by virtue of nominee-transfer.
2. ONLY a "Title-Owner", is entitled to excute Nomination. This means a "Nominee" is not entitled to "re-nominate", any property, which lawfully does not belong to the nominee.
3. For regularisation of the "Title-Ownership", of an "immovable property", EITHER there should be a undisputed /probated Will, or a "Letter of Adminstration", duly granted by the competent court. (in Mumbai = Testatementary division of the HC).
4. Another viable option is to execute an properly Stamp duty paid and registered "Family Settlement Deed", between all the Legal Heirs of the deceased.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
