Nomination Rights

Hitesh (Querist) 26 June 2018 This query is : Resolved
Seniors, My mother nominated both my sisters in her flat agreement (She brought this flat from share received from my father own property after his demise) she then told verbally to both my sisters that now she wants to give equal share to both my son as well. All of sudden I'm short illness she passed away last year. Then both my sisters transferred that flat without our knowledge. I have send them notice for our share but not received any revert from them. What should be my next step?

I sent notice to both my sisters, building secretary and local police station.

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Hitesh (Querist) 26 June 2018
Nomination Rights

Kishor Mehta (Expert) 26 June 2018
Nominee is only a trustee of the property and holds the property in trust for the legal heirs and can neither transfer or sale the property. You can legally claim your share of the property.

R.Ramachandran (Expert) 26 June 2018
Please check up whether your mother had left any WILL in favour of your sisters.
If not, and only she has nominated your sisters, then you have to consult a lawyer in your area who practices in property law. You have to file a suit for partition of the property claiming your share in the property left behind by your mother (without any WILL).

Writing to the Society Committee, Police etc., is a waste of efforts and time. They are not the authorities to settle this type of property dispute between you and your sisters.

Kumar Doab (Expert) 26 June 2018
The nomination in agreement to sell may not necessarily provide for valid nomination .
Relate with applicable society bye laws/\ Model Bye laws/Act applicable in state..

Kumar Doab (Expert) 26 June 2018
Approach ASAP a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil/society matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for a considered opinion..

Guest (Expert) 26 June 2018
Some contradictions are there in your statements in your different queries.posted so far. So, it will be better for you to consult some local expert to get your case examined in detail with reference to the case related documents.

Ms.Usha Kapoor (Expert) 27 June 2018
Nominee is a trustee who can hold the property he was nominated in trust for legal heirs of the property. Neither he can sell the property nor transfer the property. You can claim your shareof property from the Nominee.

Ms.Usha Kapoor (Expert) 27 June 2018
Stick to my above view.

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