Is nomination of flat a reason to transfer a flat
James Mazarello
(Querist) 21 July 2013
This query is : Resolved
I am a secretary of a small society, one of the member a muslim now expired had nominated his son of second wife in the society register.
the member has executed a will/or some agreement in which again he has nominated his son of second wife as the heir to all his property.
the Share certificate stand in his name, is it ok for the society to transfer it to the second sn name directly or it is not permitted as per muslim law. Please guide.
James Mazarello
ajay sethi
(Expert) 21 July 2013
if member has submitted nomination form society can transfer flat in favour of nominee . take indemnity bond from nominee . nominee is a trustee . if any relative is aggrieved he can go to court .
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
Since the person was Muslim, Muslim law will operate. The will made by him will be valid only with the consent of other heirs since under Muslim law, one can cover only 1/3 property under a Will. Since this person has given all property by will, it can be challenged in the court by other heirs. So it is advisable not to transfer anything to the son till they get clear orders from the court.
ajay sethi
(Expert) 21 July 2013
under provisions of maharashtra cooperative societies act society can transfer flat in name of nominee . he is only a trustee for all legal heirs
R.K Nanda
(Expert) 21 July 2013
nothing to add.
James Mazarello
(Querist) 21 July 2013
now I am confused, what is prevalent the MCSA or the muslim law?
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
IS there anything specified that the parties are in Mumbai???
ajay sethi
(Expert) 21 July 2013
james are you located in Maharashtra . then you can go as per the provisions of Maharashtra cooperative societies act
prabhakar singh
(Expert) 21 July 2013
Look you as society can recognize nominee after asking him to furnish a proper indemnity bond.
It would be nominee business to locate quranic sharers under muslim personal law
and to distribute their share,society would be safe with indemnity bond.
Otherwise insist him to obtain succession certificate from court for transfer of shares in his name.
There is no third alternate before you.
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
I agree with Prabhakar jii when he says that you insist on succession certificate from the court.
James Mazarello
(Querist) 21 July 2013
Thanks to all of you for all your inputs,
The son has submitted an indeminity bond, as per the MSCA proforma, is it OK? as well as he has published in newpaper 4 months back that any one claiming to the property should submit an application to the society claiming for the property.
so far nobody has turned. The son is aware that other siblings may turn up sometime, but I thinks that is his issue to solve.
V R SHROFF
(Expert) 21 July 2013
I too agree with Prabhakar jii when he says that you insist on succession certificate from the court.
U act as per Mah Co-op Soc Act Only.
Don't worry about WILL and Muslim Law.
Court will decide it.
You trf Flat on nominee, with Ind Bond etc.
At the most, you can publish PUBLIC NOTICE demanding Objection of anybody,
ajay sethi
(Expert) 21 July 2013
you can transfer flat to the nominee on his furnishing indemnity bond . as far as society is concerned there is no impediment to transfer of flat in nominee name . society is not concerned with the provisions of personal laws of parties .
Raj Kumar Makkad
(Expert) 22 July 2013
Property can definitely be transferred in the name of the nominee irrespective of his religion and person law applicable to him. Let the other legal heirs decide their matter before the court.
James Mazarello
(Querist) 22 July 2013
Thank you for your advice Mr. Raj kumar Makkad.
I think I will go ahead after properly checking the indemnity bond.
