Transfer of property
HVB
(Querist) 13 June 2014
This query is : Resolved
The Flat was in name of my Mother in Law who passed away in 1996 and My father in Law was the nominee who passed away in 2006. The share certificate had my Brother in Laws name and hence the society transferred it to his name without the knowledge or approval of my Husband.
The building has now gone for redevelopment and the new building will be ready in 2014 September.
Can my Husband still claim to be heir to the property.
Can his brother transfer it to my husband.
Do we need to take NOC from his two sisters.
What steps shall be taken to ensure all rights are honoured without getting in to legal wrangles.
Raj Kumar Makkad
(Expert) 13 June 2014
After the demise of your father in law, not only your husband but also your brother in law and both sisters in law are successors in equal share and either of them can file a civil suit for partition and possession thereto and developer can also be apprised about the facts and an injunction order can be obtained from civil court to that extent.
Sankaranarayanan
(Expert) 13 June 2014
i do endorse Makkad ji, nothing more need
Dr J C Vashista
(Expert) 14 June 2014
I respectfully disagree with Sh. Raj Kumar Makkad ji as the property (flat) was self-acquired property in the hands of FIL hence he was competent to pass it on to anyone/ either or all of his LRs. In this case, the FIL had nominated BIL accordingly the title of flat shall pass on to BIL only in exclusion of other LRs.
In order to avoid litigation settle the case amicably between all the brothers/ sisters.
Raj Kumar Makkad
(Expert) 14 June 2014
I request Shri Vashista ji to please again go through the facts mentioned in the query which clearly say that after demise of father in law, the share certificate was issued only in favour of brother in law of the querist. Father in law had not willed out the property in the name of his mentioned son rather the society issued it may it be erroneously or might be manipulated. The deceased left his properties intact hence all his legal heirs have got right to claim their share therein.
Advocate. Arunagiri
(Expert) 14 June 2014
After the death of your mother in law, the property goes to all the legal heirs including that of FIL, BIL and SIL.
If you want your share you can initiate a case adding all these person as a party.
You are having a share.
Rajendra K Goyal
(Expert) 14 June 2014
Agree with the expert raj kumar makkad ji and Advocate. Arunagiri ji.
Biswanath Roy
(Expert) 15 June 2014
It transpiers from your query that your FIL was the nominee of the flat owned by your deceased MIL but your BIL is holding share certificate of the Society. Under such circumstances all sons and daughters of your decd. FIL and MIL are the joint owners of the flat. Share certificates alone does not create any title over the property.Hence, Society is wrong not to call all the legal heirs of the flat to give consent for redevelopment of the building. You are at liberty to give a legal notice to the society in regard to their omission or commission of wrongs which may be of much help to you in near future.
T. Kalaiselvan, Advocate 
(Expert) 15 June 2014
The nominee is only a trust on behalf of all the legal heirs, the nominee cannot acquire the title of the property on his name just because he was nominated by the deceased during his life time. All the legal heirs of the deceased have equal share in the property, hence if a settlement is arrived by mutual understanding, it is okay and act accordingly otherwise a partition suit will be the only answer.
