Nominee of Immovable property
Querist :
Anonymous
(Querist) 21 February 2010
This query is : Resolved
My mother was the owner of a flat in a housing society. She became the owner by virtue of being a nominee of my deceased father who was the original allottee of the flat. My mother died in 2002. I am the nominee for the flat now. I have two questions:
1. Is there a time limit for a nominee to apply for the trasnfer of the flat in his name? It has already been 8 years since her death, but i have not yet applied for the transfer.
2. As per the laws of the society, a member of the society (including spouse, dependent children)should not have acquired any property in the city. Prior to my mother's death in 1998, i had purchased a flat elsewhere and had disposed the flat using a GPA (since outright sale was not allowed). The purchaser of MY flat has yet not had the flat transferred in his name although a proper agreement to sell was executed. Now, I wish to have my mother's flat transferred to my name (since i am the nominee). Can the society now refuse to transfer the flat in my name, since i had earlier acquired another flat in my name? If so, who gets ownership of the flat. I only have one sister, who also owns her own flat.
Please guide. Thank you
Parveen Kr. Aggarwal
(Expert) 21 February 2010
1. There is no time limit for a nominee to apply for transfer of the flat in his name. You may apply any time for transfer of flat in your name being nominee of your mother.
2. The society cannot refuse to transfer the flat in your name.
