Flat issue
pritesh
(Querist) 23 June 2015
This query is : Resolved
Hi team,
I am in process of purchasing property but first owner of property is dead not married no children now second owner who is cousin brother wants to sell this flat to me document is only society nomination form and death certificate no will no poa is been there between those too now seller will be doing adjudication process is this ok for me after adjudiciation process i can purchase flat and in future no problem will be there to me
Thanks
Pritesh
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 June 2015
Seller being nominee should come on society record and share certificate on his name. Then ask him to take society's NOC for sell and then u can safely purchase.
Rajendra K Goyal
(Expert) 24 June 2015
The share of the deceased belong to his legal heirs, if no class 1 legal heirs available, property would be inherited by class 2 LHs.
Consult local lawyer and show him all documents.
pritesh
(Querist) 24 June 2015
Society had already given NOC but agent say that we cannot register this as there should be legal heir ship certificate should be there because he say law don't work on assumption in future if some people comes up and say that they are wife or children of deceased, start claim that this is our property even though they then this can be issue but agent say that we can work on adjudiciation to resolve this is this fine
Kindly provide your valuable advise
Biswanath Roy
(Expert) 27 June 2015
Nominee of the property is a person designated to act for the principal owner of the property but that does not accrue right title and interest over the property so he has no legal authority to sell the flat. As the nominee of the deceased owner he may hold shares of the property but under no circumstances he has and legal status to transfer title of the flat.
