Selling of flat
Rohit Nagawade
(Querist) 28 December 2013
This query is : Resolved
Hi Members,
20 years before my dad purchased a flat(flat amount paid by dad) but they took it on uncles name due to the society rules and regulations. And on nomination form my dad name is mentioned as a nominee holding 100% after uncles death.Can we sell the flat after uncles death or just by taking NOC letter ? Secondly, I want to buy a car but for getting loan, bank requires residence proof, and only on light bill uncles name is mentioned and on election, ration and Aadhar card we have our own name on all these. Please advise. Thank you
malipeddi jaggarao
(Expert) 28 December 2013
The flat is in your uncle's name. He is the owner of the property.
]If your father paid the purchase price from his own money you should have the proof. If you have the proof, you should ask the legal heirs of your uncle to register the property in your father's name. If they do not agree, your father should initiate a civil suit. Mere nomination in the society records will not give absolute right over the property to your father. Your father can not sell the property unless all the legal heirs of your uncle give up their right on the property.
Second query: For residence proof, one need not be owner of the residence. Even tenant, who lives in a particular house, can the address of that house as residential address. Since you have election, ration and Aadhar card as proof of address, that is enough for the Bank to verify KYC norms.
ABDUL RAZIQUE
(Expert) 28 December 2013
Well advised by the expert M Jaggarao Ji, No need to add more.
V R SHROFF
(Expert) 28 December 2013
Well advised by Shri Rao.
nominee is merely a trustee of the flat, , not a owner.
read Ghatnekar case [Bombay High Court AIR 1982 (BOMBAY)482
Dr J C Vashista
(Expert) 28 December 2013
1. I agree with Mr. Rao's expert advise partially.
2. I respectfully disagree with the expert on the point of nomination in the society records, which shall give absolute right over the property to your father and he can sell the flat after transfer of the flat in his name.
3. Of course after uncles death he becomes owner of the flat and need not taking any NOC.
4. A tenant,an athorised peroson to occupy a particular residence, a documentary evidence such as voter card, service accommodation allotment letter,driving licence, bank pass book etc. will be acceptable for loan.
V R SHROFF
(Expert) 28 December 2013
nominee is a care taker only. in chs
R.K Nanda
(Expert) 28 December 2013
nothing to add more.
T. Kalaiselvan, Advocate
(Expert) 28 December 2013
While I fully agree with the opinion of learned expert Mr. Malipeddi Jaggarao, I, with due respects to learned Dr. J.C.Vashista, disagree to his opinion regarding his opinion to Nomination. The nominee is just a person to receive the benefits on behalf of the legal heirs and he cannot claim any legal rights over it, the nominee in turn has to hand over the properties to the legal heirs of the deceased owner. Mr. Shroff has rightly opined that the nominee is just a care taker.
Rajendra K Goyal
(Expert) 28 December 2013
Agree with the advise of expert malipeddi jaggarao ji.
ajay sethi
(Expert) 28 December 2013
agree with Mr shroff
Sudhir Kumar, Advocate
(Expert) 30 December 2013
agreeing with experts above, I will add that you forget about selling or owning the said flat.
Try if your uncles transfers or writes a will in favour of your father.
Sudhir Kumar, Advocate
(Expert) 30 December 2013
regarding address proof the ownership of premises is irrelevant s long as you have documents.
Dr J C Vashista
(Expert) 30 December 2013
As per State (especially Delhi) Cooperative Societies Act, the nominee appointed by a member of the society succeeds the member. Accordingly the status of nominee changes in societies, otherwise the nominee is a care-taker, I agree with experts.
ABDUL RAZIQUE
(Expert) 04 January 2014
My Ld.Experts
As I know from legal dictionary "Nominee" means
"1) a person or entity who is requested or named to act for another, such as an agent or trustee.
2) a potential successor to another's rights under a contract. Example: In a real estate purchase agreement, Bob Buyer agrees to purchase the property, but provides that title (legal ownership) will be granted to "Bob Buyer or nominee," so that Buyer can sell his rights to another person before the deal closes, or because Buyer is really acting for someone else.
3) the executor proposed by a person in a will is a nominee until officially appointed by the judge after the testator (will writer) has died, and the will is submitted for probate (administration of the estate).
4) a person chosen by convention, petition or primary election to be a candidate for public office."
is it right? if yes, then how a nominee will be only a caretaker?
Rohit Nagawade
(Querist) 15 April 2016
Hi,does IPC 85(1) impact passport ?
Rohit Nagawade
(Querist) 15 April 2016
Actually I and my 2nd friend did not do anything, no one touched me & i didn;t touched anyone,we were standing outside the hotel gate & the hotel manager quarreled with one of my 3rd friend near hotel gate & police forcefully caught 3 of us and filed IPC 85(1).Now case is gone to the court and we have not done anything.Will court clear us and will it impact passport ?
