Nomination by joint holders & death of first holder of flat

Sandeep Jani (Querist) 13 September 2009 This query is : Resolved
Hi All,
We are facing a problem in our society for one flat.
That was registered in joint name of Wife as first holder & husband as second or joint holder.
They had registered nomination in the names of thieir Married daughter & A minr son with the society.
(1)Now with the death of the first holder (Wife) can the husband ask for Transfer of Flat to his Name only?
(2)What is the legal standing of their Daughter & Son?
(3) In what proportion lawfully The father, Daughter & Son claim rights on the flat in question?
(4)What can be the stand of the society with regards to transfer applcation by the Husband(Second Holder)?riven

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Raj Kumar Makkad (Expert) 14 September 2009
On the death of wife, the husband being second holder has got no exclusive right in his favour hence his application is devoid of merits and you can dismiss it and can seek succession certificate from him issued by the competent court of law. So far as shares are concerned, married daughter, son and husband have equal share in the property.riven

A. A. JOSE (Expert) 19 September 2009
Mr.Makkad has rightly advised and I too endorse the same.riven

Guest (Expert) 23 September 2009
I concur with Mr.Makkad's stand.riven

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