Ownership in case of nomination
sam
(Querist) 12 January 2015
This query is : Resolved
person A died last year leaving behind wife B and only daughter C. A is a flat owner in registered society. he has put his wife as nominee. Can daughter C claim lone ownership of the flat. If wife provides NOC then can daughter get ownership?
Kumar Doab
(Expert) 13 January 2015
The succession shall be decided as per personal laws applicable to the deceased owner....
If he was Hindu the ClassI legal heir shall have the first right that includes Mother,Spouse, Children....
Thus if mother is not alive....Wife and daughter shall share it equally...
Wife can give her share to daughter....
Nomination in housing society does not create substitute for heirship or parallel route for succession...
It is only for the purpose of dealing by the society....
Rajendra K Goyal
(Expert) 13 January 2015
She should gift her share in the name of daughter.
ajay sethi
(Expert) 13 January 2015
on demise of A his wife and daughter are the legal heirs of the flat . nominee is only trustee for legal heirs . if daughter furnishes NOC flat would be transferred in name of mother
sam
(Querist) 13 January 2015
if wife (nominee) provides NOC, then will that flat get transfer to daughter's name?
also what is difference between, gifting a share and providing NOC?
malipeddi jaggarao
(Expert) 13 January 2015
Agreed with all the three experts.
Wife and daughters will have equal shares in the property if the mother of the deceased is not alive.
Wife is only the nominee - nominee cannot nominate another person. Hence she has to gift her 50% share to her daughter executing a regd.gift deed. For this purpose, death certificate and legal heirship certificate are necessary. This is regarding transfer of ownership.
Regarding change of ownership in the records of the society, the wife can give NOC in the name of the daughter along with a copy of gift deed and ask for the transfer of name in society's records.
This is the summary of the advice given by above three experts. Hope you could understand.
sam
(Querist) 14 January 2015
Yes. Thanks.
T. Kalaiselvan, Advocate
(Expert) 17 January 2015
Expert Mr. Malipeddi Jagga Rao, sorry for the interference. The author has clearly stated that A is the flat owner but has nominated his wife. His query is whether a NOC from the deceased's wife will make the daughter an absolute owner. 'No' is the answer. The wife has to execute a registered release deed relinquishing her rights in favor of the daughter as one among the legal heirs of the property, this will make the daughter an absolute owner. Under this circumstance, if the wife desires to remain a nominee of the daughter cum owner to the flat, she can do so by asking the daughter to appoint her mother as her nominee.
