Transfer of membership in favour of Nominee.
Querist :
Anonymous
(Querist) 22 May 2010
This query is : Resolved
Resp Sirs,
My father was a Member of "Sarvodaya Nagar”, a trust for housing scheme since 1966, where nomination was in favour of my mother.
My father expired in 2007. My mother does not intend to give me a single penny from the estate of my father, even though she is merely a nominee.
I am given to understand that a Nominee is merely a trustee and a caretaker on behalf of all the legal heirs. A nominee holds no legal rights and has no ownership rights.
My query is :
• Whether membership can be transferred in favour of the nominee, my mother, after lapse of more than 4-5 years, without obtaining NOC from all the legal heirs including me?
• Can my mother, as mere trustee sell the membership right either without my consent OR without giving me my share in the membership?
. What will be the recourse available to me, if membership is transferred in favour of the nominee - my mother, and she in turn sells the membership, without my consent or without giving me my share in the membership.
Kindly help me in the matter.
Rgds,
Anand.
Harshada Shukl Kulkarni
(Expert) 22 May 2010
Hi !
It seems that your father has died intestate and therefore, all his legal heirs will have the rights in his property as per the Hindu Succession Act, including your mother. Also, as you understand, the nominee is only a trustee of the property and has no right as to that of owner. Therefore, without obtaining NOC from you or other legal heirs, the Trust or Society can not transfer the membership to your mothers name. In any event if, your mother gets the said membership trasnferred in her own name without your knowlege then you can challenge the same.
Guest
(Expert) 22 May 2010
• Whether membership can be transferred in favour of the nominee, my mother, after lapse of more than 4-5 years, without obtaining NOC from all the legal heirs including me?
Your legal proposition is totally correct. No. Membership cannot be transferred in favour of your mother without the legal heirs including you consent.
• Can my mother, as mere trustee sell the membership right either without my consent OR without giving me my share in the membership?
She cannot.
. What will be the recourse available to me, if membership is transferred in favour of the nominee - my mother, and she in turn sells the membership, without my consent or without giving me my share in the membership.
You have to file a suit for partition and also injunction during the pendency of the suit restraining her to sell the suit property to any third party.
Raj Kumar Makkad
(Expert) 23 May 2010
I have similar opinion as of both the aforementioned experts.
