Nominee for a flat
Pramod Ramatmajan
(Querist) 02 December 2014
This query is : Resolved
Dear Experts,
In case of death of a flat holder in a Society, the Society transfers that share certificate to the Nominee who hold it in trust on behalf of the legal heirs.
However, if before the flat is transferred to the legal heirs, if the Nominee also dies, then what is the procedure ?
If the original Nominee himself had nominated another person for the flat, then will the shares be transferred to the second nominees name ?
Sailesh Kumar Shah
(Expert) 02 December 2014
the original Nominee himself had nominated another person for the flat, then will the shares be transferred to the second nominees name ?
Answer : no, delegated power further can't be delegate.
Hemant Agarwal
(Expert) 02 December 2014
1. ONLY a "Flat Owner" can Nominate a nominee.
2. A Nominee NOT being a "Flat Owner" CANNOT Nominate anybody.
3. All legal heirs can obtain LA from HC for the property.
4. If Nominee dies or not dies, the legal heirs can always claim their legacy.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Kumar Doab
(Expert) 02 December 2014
Fully described.
Fully agreed with experts.
malipeddi jaggarao
(Expert) 03 December 2014
The name "Nominee" itself indicates he is nominated by somebody else. He cannot re-nominate in his place. Legal Heirs can ask the society to transfer the share certificate by producing the required documents to the society. Consult the governing body of the society.
Rajendra K Goyal
(Expert) 03 December 2014
Agree with the expert Hemant Agarwal.
ajay sethi
(Expert) 03 December 2014
well advised by MR hemant agarwal .
T. Kalaiselvan, Advocate
(Expert) 07 December 2014
A nominee is just a trust on behalf of the legal heirs of the deceased hence he cannot re-nominate another person. If the nominee dies subsequent to his principal, the nomination stands cancelled.
