Owner expired -procedure to claim a flat in co-op hsg soc.
naresh lalchand israni
(Querist) 27 February 2013
This query is : Resolved
Dear Sir,
My mother's sister was staying in a flat in Co-op Hsg. Soc. (Thane) and has expired and had nominated my mother as "NOMINEE" in the Nomination Form.
Further, she had also made a "WILL" in respect of the said flat in my mother's name.
Following are the queries to be asked:
1. To claim whether to go with "NOMINATION
FORM" or with the 'WILL" ?
2. If claimant is going through the
“Nomination Form” then what is the
procedure and if with "WILL" what
is the procedure ?
3. If claimant is completing the procedure
through the "Nomination Form"
(i.e.claimants name is entered in the
Share Certificate) then
Whether the claimant BECOMES ABSOLUTE
OWNER of the said Flat and whether
claimant CAN SELL THE SAID FLAT
OR
Claimant will JUST BE A "TRUSTEE" of
the said flat and cannot sell the said
flat?
4. Lastly, whether Stamp Duty &
Registration is must for the said
flat or not ?
Your early reply in this regarding will be highly appreciated.
Many thanks & regards,
Naresh
ajay sethi
(Expert) 27 February 2013
1) a nominee is only a trustee for legal heirs . make an application for transfer on basis ofsaid nomination . society will call upon you to furnish indemnity bond and fulfill other formalites .
2) for sale of flat you would need probate of will . make an an application for probate . enclose the will signed by testator . you can get probate within a year
3) no stamp duty and regisrtation charges payable
