Transfer of flat in chs
Ajit N Katkoria
(Querist) 20 March 2012
This query is : Resolved
Sir, In our society, one flat is occupied by mother jointly with his son. Mother is died some years back and nominated her grandson's name for flat as per nomination form filed with society. Whether society can transfer the flat in minor's name? if yes then let me know the other requirements to complete this transaction. Also, this minor's father wants to sell this flat, can he sale this flat once minor's name incorporated in the share certificate? what are the legal documents required by the society? If he can't sale it off then can he give this flat on leave & license basis?
Raj Kumar Makkad
(Expert) 20 March 2012
There is no legal hurdle to entertain the name of the minor if the nomination had been made in his name by his grand mother. After incorporation of the name of the minor in the property register of the society, the interest of the minor cannot be sold by his father without getting prior permission of the civil court under section 8 of Hindu Minority and Guardianship act.
Property can be given on leave and license without obtaining the prior permission of civil court but it should be duly ensured that the interest of the minor is saved every time.
ajay sethi
(Expert) 20 March 2012
let the procedure for transfer be completed . since grandson is only a nominee ie trustee society has to take precautions before transferring flat .
nomination form must be mentioning name of guardin as grandson is minor . obtain indemnity bond before transferring to protect the society .
flat cnanot be sold without prior permission of court . can give premises on leave and licence
Ajit N Katkoria
(Querist) 21 March 2012
Thanks Mr. RK Makkad & Mr. Ajay Sethi for your valuable advice.
Ajit N.Katkoria
