Property
Querist :
Anonymous
(Querist) 23 July 2010
This query is : Resolved
Respected Sir,
I have a small QUERY related to property. I will try to explain you with an example.
There is a Father i.e., F1 ( 75 years) & he has 2 sons i.e., S1 (34 years) & S2 (32 years). Both the sons are married. Now S1is settled in USA & S2 is currently staying with his father F1 in India. S1 is having a 2 years old boy i.e., B1 & S2 is having 1 year old daughter i.e., D1.
Now where S2 is staying with his father F1, earlier the flat was nominated in the name of S2 i.e., the second son with whom F1 is currently staying. Now the father goes & changes the nomination in the name of his first son's S1 Boy's name B1 and guardian as S2 his second son with whom F1 is currently staying with. But as B1 is born in USA he his actually a US Citizen.
Can the society raise an objection as since the B1 being a minor & a US citizen flat cannot be nominated in his name. Secondly is it possible that with the B1's father being alive any other person can be his guardian for any other property. The Society manager also says that the committee might raise an objection to such a nomination.
Secondly can his second son S2 raise an objection to it that since he is taking care of his father F1 & mother M1 and maintaining the flat, the flat should be in his name or will such objection hold good in the eyes of the society that since the other son S2 is staying here in the said flat, the flat should be in second son's S2's name.
Kindly do not mention my name any where in such regard that the query is been raised by me.
Waiting for your response.
Thanking you in anticipation.
Chanchal Nag Chowdhury
(Expert) 24 July 2010
If the rules of the Society prohibits membership to a foreigner, the Society can certainly object.
Guardian is appointed for a minor & not property.
S2 cannot claim as a matter of right.
