Nomination Transfer
Querist :
Anonymous
(Querist) 30 November 2018
This query is : Resolved
There are 2 flats in a society, one in the name of husband & wife & other in name of husband & elder son. The man has nominated his wife 100% in both flats. He has 2 sons and one daughter. The man dies without making any will.
The nominee on asking says she wants to give each flat to each son and her daughter in law jointly.
What should the society do in each case.? What set of documents are necessary for the society to ask from the nominee? Please advise
Isaac Gabriel
(Expert) 30 November 2018
The society is bound to abide as per nomination.
KISHAN DUTT KALASKAR
(Expert) 30 November 2018
Dear Sir,
First get the property transferred in the name of concerned nominees thereafter get it transferred to the proposed persons as per the documents which are required in the bye-laws of the Society.
Please mark “LIKE” if satisfied by my answer.
Kishor Mehta
(Expert) 30 November 2018
If the nomination papers are duly filed, the Society is duty bound to transfer the share certificate to the name of the nominee, no further papers are necessary as far as the Society is concerned.
Kumar Doab
(Expert) 30 November 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 30 November 2018
In case of valid nomination the society can transfer to nominee.
Nominee being mere trustee is under obligation to transfer to legal heirs.
LCI Expert Mr. Hemant Agarwal has posted an illustrated article on such matters.
You may go thru the same under his profile.
Dr J C Vashista
(Expert) 01 December 2018
Society has no role/ authority on transfer of title of the flat(s), the desire of titleholder / owner shall prevail.
Society will have to transfer "share" certificate to registered "Nominee" if there is no objection from other LRs of deceased member.
Kumar Doab
(Expert) 01 December 2018
Local counsels can help.
If you are confident that you can handle IT on your own, go ahead.
