Flat nomination
Querist :
Anonymous
(Querist) 20 December 2017
This query is : Resolved
Hello Everyone,
1. Father Passed away on 15th Nov. 2017.
2. Father is the Owner of Flat of the Co-operative Housing society Ltd in Mumbai.
3. Father’s nominee is mother.
4. Building is in redevelopment process.
5. 2 years ago Flat has been mortgaged by elder brother through my father’s consent and availed loan of Rs. 20 lacs.
6. Mortgaged Deed created but do not have copy.
7. Now I am repaying the mortgage loan of loan of 20 lacs taken by my elder to the bank.
8. Additional cheque of Rs. 5 lacs I am giving to my elder brothers towards his share in property
And 10 lacs balance amount after 8 to 10 years after taking passion in the redevelopment building.
9. My mother and younger married sister is ready to give her consent/ NOC for appointing me as a member in the society.
10. What documents I require to get it done in order to remove his share from the property.
Please advise
Guest
(Expert) 20 December 2017
Totally vague description. Only some idiot would have given loan of 20 Lakhs to your brother, when he was not the owner of the flat?
Guest
(Expert) 20 December 2017
If there is some truth in your story, in the wake of nomination the society cannot treat you the beneficiary of the flat. In view of the description, you are neither entitled for the ownership of flat of the deceased, nor membership of the society.
Kumar Doab
(Expert) 20 December 2017
AQ, so NO reply……………..
Kumar Doab
(Expert) 20 December 2017
Pls post with your ID and you can get any replies……..
Kumar Doab
(Expert) 20 December 2017
If you wish you may get in touch with LCI Expert Mr. Hemant Agarwal.
He is from your location and his posts on such matters are precise and concise.
Hemant Agarwal
(Expert) 20 December 2017
FOR Transfer /Sale /Purchase of a "Nominee" property, kindly prefer to read the following link, for answers to most of your questions:
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
R.Ramachandran
(Expert) 21 December 2017
All the legal heirs (i.e. your mother, younger sister and elder brother) have to give Registered Relinquishment Deed, Relinquishing their share/interest in the flat. (Mere NOC will be of no help). Once this is done, the Society will definitely make you the member.
Guest
(Expert) 21 December 2017
There is no shortcut. The society is obliged to grant membership only to the nominee, not anyone else that too after observing the set procedure.. Once the membership is transferred in the name of the nominee, only thereafter the membership can be got transferred in the name of anyone else after observing the set procedure.
