Transfer of flat to more than one nominee
RAJKUMAR DANIELS
(Querist) 26 March 2014
This query is : Resolved
Mr.A had a flat.He died in JANUARY 2014.HE LEFT 4 NOMINEES,3 brothers and one sister.Now all the nominees are co-owners,as the nominees have equal share(25%).They want that all the names should be incorporated in the share certificate.In that case,only the first name on the share certifciste will be admitted as a member and the others as Associate members,who cannot nominate any one.Which document is a proof of their joint ownership?Can the first member sell.rent/mortgage the flat without consent of the others? How will the society protect itself from future litigations if any?
ajay sethi
(Expert) 26 March 2014
all 4 flat owners would be joint owners of flat . consent of all 4 co owners is necessary to give premises on rent . society can obtain indemnity bond from the co owners at time of transfer of flat .
Rajendra K Goyal
(Expert) 26 March 2014
Nominees are not the owners but the heirs are the owners. Nominees are only the trustees of heirs.
When nominees are the heirs and the share certificate contains the name of only one nominee and others associate members, the main member himself can not rent out property by himself.
Hemant Agarwal
(Expert) 15 April 2014
1. Transfer on the basis of "Nomination Form", does NOT give any "Title Ownership" whatsoever under any circumstances.
2. A Nominee member (being only a Security Guard of the Property on behalf of the Title-Owner) has no right to Rent /Lease /Sale or whatever, without the written consent of all the legal heirs /beneficiares of the deceased Title-Owner.
3. If the Nominee member, knows the legal heirs /beneficiares of the deceased Title-Owner, then lawfully the nominee member has to suo-motto, duly handover the immovable property to the legal heirs /beneficiares, after following due legal process.
4. EVEN IF the Nominee members are legal heirs /beneficiaries, THEN too they do not become title-owners by virtue of transfer of membership (vide nomination forms). The clear title-ownership is possible either thru a "family settlement deed" .OR. after obtaining a "Letter of Administration", from the testamentary division of the High Court.
Keep Smiling .... Hemant Agarwal
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