Transfer of flat
Prakash S. B.
(Querist) 26 December 2018
This query is : Resolved
I am the Secretary of a Housing Society at Vakola, Santacruz East, Mumbai - 400 055.
A widow who is the sole owner of a residential flat in the Society passed away on 22.04.2018 and left behind three children as her legal heirs.
Before the said flat could be transferred to the nominee(s), the older son/nominee, whose name stands first in the Nomination Form with 33.33% share; passed away on 30.06.2018, leaving behind his wife and two daughters as his legal heirs.
The younger son / nominee, whose name stands second in the Nomination Form with 33.33% share, is married but has no children.
The daughter/nominee, whose name stands third in the Nomination Form with 33.33% share, is a married widow and has no children.
The Managing Committee has taken a decision to transfer the flat in the joint names of the two surviving nominees based on the said Nomination Form as per the Society's record i.e. Nomination Form submitted by the said widow as follows: (1) Surviving younger son/nominee and (2) Surviving daughter/nominee.
I now seek your valuable guidance / opinion on the following two issues:
(1) Whether the above decision taken by the Managing Committee is correct, proper and legal?
(2) How do we deal with the 33.33% share of the older deceased son/nominee whose name stands first in the Nomination Form.
Thanking you,
Sincerely,
Prakash Bankeshwar
Kishor Mehta
(Expert) 27 December 2018
(1) Society can only transfer the Share certificate as per the percentages declared on the Nomination form, it has no legal right to transfer the flat to the names of the two existing nominees to the exclusion of the first named nominee.
(2) Nominees are only the trustees of the property and not absolute owners.
(3) All the legal heirs of the deceased owner should approach the Bombay High Court for Powers of Administration for their respective ownership rights.
Prakash S. B.
(Querist) 27 December 2018
Sir, I wish to correct myself.
The Society has decided to transfer the share certificates (not flat) in the names of the two existing / surviving nominees. Is this decision correct, proper and legal?
Should the name of the deceased first nominee's wife be included in the said share certificates along with the names of the existing / surviving two nominees?
Kindly advise.
Prakash Bankeshwar
Dr J C Vashista
(Expert) 28 December 2018
1. I fully agree and appreciate acumen and advise of expert Mr. Kishor Mehta.
2. As far as percentage of share certificate is concerned, it has to equal amongst all the LRs (surviving/ deceased) of the member i.e., lady/shareholder has left behind.
