Transfer of deceased flat.on.nominee daughers
Jeevan Patil
(Querist) 04 October 2020
This query is : Resolved
A has 70 share and B 30 share nominated by father as only 2 heir daughers. On death of father, both daughters want to hold flat in joint name. In case of sell,of course sell proceeds will be devided 70 and 30%. But they want to become joint members in Flat of Hsg society. How society will make transfer 1) Member and Associate member 2) who should liable to pay maintenance and property tax and how much by whom. 3) Despite nominees 70 n 30 share, on becoming joint members,if property is sold by them, how proceeds is legally devised, when flat is now on joint name. -Jeevan
ajay sethi
(Expert) 04 October 2020
Nominee is only trustee for legal heirs
On demise of father flat would devolve on wife , children equally
Society would transfer flat in name of nominees based on noc from other legal heirs
Maintenance has to be paid by nominees in whose name flat is transferred
Advisable to obtain letters of administration from HC or district court having jurisdiction
Contact a local lawyer
Isaac Gabriel
(Expert) 04 October 2020
Now the property evolve on both.If they wan to reside, both should pay the charges as lvid in equal prportion. if they want to sel, it is for them to share the proceeds znd society bylaws hcannot resrict them.
kavksatyanarayana
(Expert) 04 October 2020
Yes. The nominee is the only trustee to legal heirs of the deceased. So the property of the father shall devolve among both sisters and mother if alive. They can do partition into two/three equal shares and that may be informed to the society. The owners who divide the property into equal shares shall pay the maintenance and tax etc.
Dr J C Vashista
(Expert) 05 October 2020
Very well analysed and advised by expert Mr. Ajay Sethi, I fully agree and appreciate.
Dr J C Vashista
(Expert) 05 October 2020
You have stated A has only two heirs (daughters) what about share of their mother since she is also equal share holder to succeed her deceased husband's property ?
Dr J C Vashista
(Expert) 05 October 2020
Society can transfer share certificate of deceased (A) in the name of nominee(s) as per their share prescribed by member i.e. 70 : 30 percent in instant case. First name appearing in nomination form submitted by member (A) shall be granted and appear in the share certificate as member and next to be joint member.
Whereas, the society can not decide /transfer title of flat on the basis of nomination, which can be decided by competent civil court.
However, the nominee (daughters) of deceased member (A) shall have to pay maintenance and other bills raised by the society till title of the flat is not decided between all legal representative of member (A).
Dr J C Vashista
(Expert) 05 October 2020
Property tax can be paid by either of the LRs of deceased/ titleholder i.e., A, which do not confer any ownership rights of either of the surviving member.
Sale proceeds, if any may be shared as mutually decided otherwise (legally) equally between all legal representatives of deceased/ owner (A).
Guest
(Expert) 05 October 2020
' Glorifying people is the Most Noble Act " -- Sunday Adelaja
Hemant Agarwal
(Expert) 05 October 2020
NOMINEE DOES "NOT" BECOME OWNER OF FLAT:
https://chshelpforum.com/nomination-in-chs
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
A. A. JOSE
(Expert) 05 October 2020
Better consult a local Lawyer please.
Rajendra K Goyal
(Expert) 05 October 2020
You asked:
1) But they want to become joint members in Flat of Hsg society. How society will make transfer 1) Member and Associate member
Reply:
Depend on the by-laws of the Society to find out how the membership can be given.
You asked:
2) who should liable to pay maintenance and property tax and how much by whom.
Reply:
In absence of understanding, liability would be of legal heirs jointly and severally.
You asked:
3. Despite nominees 70 n 30 share, on becoming joint members, if property is sold by them, how proceeds is legally devised, when flat is now on joint name.
Reply:
Proceed belong to legal heirs as per their share.
