Flat ownership

Querist : Anonymous (Querist) 16 January 2012 This query is : Resolved
We have flat in joint name ownership in mumbai.My name is first in agreement. Now say if second joint holder dies then what happens to his, is this automatically transfers in my name.There is no nomination form filled by second joint holder.

Pl confirm.

Follow Query

Report Abuse

Deepak Nair (Expert) 16 January 2012
In case of death of the second owner, even though there is no nominee, the legal heir of the second owner gets rights on the property.

If you are the legal heir, then you will be the absolute owner of the entire property.

if the second owner is your spouse and you have children, then you and your children will have equal share on the property.

Devajyoti Barman (Expert) 16 January 2012
What is the relationship of the second name lender?
If the first holder is legal heir of the second holder then he along with any other legal heirs of the second holder posses the flat.
The first holder can become its absolute owner only of the first one is the sole legal heir of second holder.

Rajeev Kumar (Expert) 16 January 2012
Agree with experts

V R SHROFF (Expert) 16 January 2012
Get nomination first. u get right to sell.
Otherwise very lengthy procedure for conveyance, heirship etc etc. delay years to dispose off the Flat.

ajay sethi (Expert) 16 January 2012
if second co owner dies and no nomination is made then his share will go to his legal heirs . make an application to society for transfer of his share . on furnbnishing of indemnity bond and after making enquires society will do the needful

Querist : Anonymous (Querist) 17 January 2012
I was told by secretart of society that no need to file second holder's nominiee form, as only first name holder's nominee form required. and in case of death of second holder first holder can sell the flat with death certificate as supporting. second holder is father,and we 2 brothers n 1 sisters. first holder is myself n i have submitted nominiee form.
Pl guide.

ajay sethi (Expert) 17 January 2012
i n agreement for purchase of flat was name of owner and co owner mentioned?

if secons co owner is equl owner of flat then on his death property will got his legal heirs . if he had made nomination society would have transferred his share to his legal heirs .

if no nomination made society can make enquiries and then proceed to transfer his share to his legal heirs .

Deepak Nair (Expert) 17 January 2012
I don't know why the secratary said so.
Is the property purchased by you with your own income??
Do your brother and sister have any objection to transfer of your father's share to you??

You can be benefited if you can prove that the property has been purchased by you with your own income.

prabhakar singh (Expert) 17 January 2012
all in whose name the property is being owned are lawful owners.On death of any of them their legal heirs shall be replacing the ownership irrespective of any single nomination.Nomination is facility and not the right against other joint owners.

Querist : Anonymous (Querist) 17 January 2012
ok so i need to get second owner's nomination done at the earliest.

Querist : Anonymous (Querist) 17 January 2012
Property is by my own income with total bank payments going from my bank account. In agreemnt first name is of mine and second name is of my father. but there is no mention of joint owner.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries