Transmission of residential flat in mumbai to two nominees
Kapil Tiwari
(Querist) 03 August 2014
This query is : Resolved
My friend's mother had nominated my friend and his elder brother as nominees in a flat in Mumbai in the following percentage: (1) Elder brother: 50%, (2) my friend: 50%. The mother expired in March 2014.
In the nomination form submitted to the Society, the elder brother's name appears first and that of my friend second.
The queries are:
1) Will both brothers become equal and joint owners of the property?
2) In the Nomination form, it is mentioned that " As provided under section 30 of the Maharashtra Co-operative Societies Act, 1960, and Bye-laws No.34 of the Society, I state that on my death the Shares mentioned above and my interest in the flat, should be transferred to XYZ, the first named nominee, on his complying with the provisions of the Bye-laws of the society....". The elder brother's name appears first in the nomination form. My friend's name appears second.
3) Will both brothers still remain 50/50 owners of the flat after the transmission?
4) Also, if the second named nominee wishes to become the society member instead of the first, should he give a letter to the society to this effect? Where can such a letter format be obtained? Thanks.
Kumar Doab
(Expert) 03 August 2014
Under Section 30 of Maharashtra Co-operative Societies Act, 1960, upon death of a member of a society his/her shares are transferred to the nominee, but such transfer does not imply transfer of the property contained under the shares of the society. The nominee is merely a trustee for the deceased person’s estate.
Under the provisions of Section 30 of the Maharashtra Co-operative Societies Act, the purpose of the nomination is to make certain the person with whom the society has to deal on the death of a member. The society has to deal with the legal nominee who has been nominated by the deceased member on the records of the society.
Section 30 (1) : On the death of a member of a Society, the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules. Society will have to transfer the shares in the name of the nominee, irrespective of any objection being raised by any other person unless and until the aid objections obtain relief in the normal court against the nominee and society.
The legal heir may make an application to the Society and transfer the property and then move court if required.
Kumar Doab
(Expert) 03 August 2014
This query is also posted at:
http://www.lawyersclubindia.com/forum/Transmission-of-residential-flat-to-two-nominees-106675.asp#.U95RHuOSwb8
Kapil Tiwari
(Querist) 03 August 2014
Thank you Kumar Doab Sir. Well noted.
ajay sethi
(Expert) 04 August 2014
yes both brothers will have equal shares in flat and be joint owners of the flat
Rajendra K Goyal
(Expert) 04 August 2014
Both brothers would be having equal rights.
Kumar Doab
(Expert) 04 August 2014
The author Mr. Kapil Tiwari has posted many queries pertaining to ownership rights as per
Maharashtra Co-operative Societies Act, 1960
e.g.
http://www.lawyersclubindia.com/experts/Rightful-owner-of-a-flat-after-death-of-owner-464466.asp#.U98_reOSwb8
DIL has 50 % ownership rights or not?
http://www.lawyersclubindia.com/forum/Owner-of-flat-after-death-of-mother-100338.asp#.U9886uOSwb8
If DIL was nominated only to deal with society then she does not enjoy 50% ownership.
DIL shall succeed the share of her deceased husband only as per Hindu Succession Act.
The court judgments were also cited.
In this thread also the peculiar arrangements and provisions of Maharashtra Co-operative Societies Act, 1960 has been explained.
Hope the author would be able to get the resolution of the issues posted by him.
Approach a local lawyer and proceed under expert advise of his lawyer.
Expert Mr. Ajay Sethi is from Mumbai and querist can benefit from the counsel of Mr. Sethi.
Dr J C Vashista
(Expert) 04 August 2014
@ Kapil,
What else do you expect "FREE OF COST" from the experts on this platform?
It is sincerely advised to engage a local lawyer, pay him/her professional fees, seek information, guidence and advise as much as you want.
Kindly stop misuse and abuse of this platform which is for needy querist(s).
K.K.Ganguly
(Expert) 04 August 2014
Anything received free is likely to be misused or wasted.
T. Kalaiselvan, Advocate
(Expert) 04 August 2014
I endorse the views of Dr. Vashista who has very clearly and properly advised the author, thus the author may restrain taking advise from here to support his clients queries.
Kapil Tiwari
(Querist) 05 August 2014
Well noted. Mr. Kalaiselvan, I'm not supporting any "client's queries"; I am not a lawyer. I have heard a lot about Mr. Sethi and have read his views in several forums; I have a high regard for him. I sincerely thank Mr. Rajendra Goyal as well. I sincerely thank Mr. Kumar Doab and had done so two days back and sent him a personal message as well apologising for the repetition of my query. I have tried to approach local lawyers in suburban Mumbai area but it is not easy. Hence, I had turned to this forum for leads. Many thanks to all of you, Sirs.
Kapil Tiwari
(Querist) 05 August 2014
Thank you Sirs, Mr.Vashishta, Mr. Ganguly, Mr. Kalaiselvan.
