Nominee selling property
Querist :
Anonymous
(Querist) 20 May 2023
This query is : Resolved
Hi,
Mr. A Original owner
Mrs. B wife of Mr.A
Mr.A bought flat from builder residencial premises in 1973 agreement for sale , that time registration was not there . Mr.A Died in 2012 and the property was nominated Transfferd to her wife B who is legal owner , they dont have any childrens or close relatives. Ms B was not keeping well so she nominated her property in the society records to Ms C & D who took care of her ( they are her friends } Ms B died in 2017 so Ms C & D approach the society to transfer the membership in their name since they were nominated. Society did the transfer in their name after getting nomination formalities done. Now 2023 Ms C & D who are nominees want to sell the flat since nobody has approach them for the property i mean any relatives. How can they sell the property in a legal way so that in future buyer is not in any trouble. All are from parsee communities A B C D .
Pls advice Regards, Samir251176@yahoo.co.in
Sudhir Kumar, Advocate
(Expert) 20 May 2023
the bankers of buyer will take care that their money is safe and they will ensure that the title is free and only then they will disburse the loan for buying property.
Have you approached any estate agent / prospective buyer.
Querist :
Anonymous
(Querist) 20 May 2023
Hi,
Bank is not givinng loan on this property saying title not clear
kavksatyanarayana
(Expert) 20 May 2023
Nominees are not legal heirs of the deceased person. So you have get permission from court to sell the property. Approach a local advocate.
Dr J C Vashista
(Expert) 21 May 2023
Repeated query.
Find response in original thread and avoid repetition of same query.
P. Venu
(Expert) 21 May 2023
Yes, the nominees in the instant case have no title to the property notwithstanding their membership in the society. As regard to inheritance, provisions of Section 55 and 56 of the Indian Succession Act apply -
"Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant:
55. When a Parsi dies leaving neither lineal descendants nor a widow or widower nor a widow of any lineal descendant, his or her next-of-kin, in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of which he or she dies intestate. The next-of-kin standing first in Part II of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that each male shall take double the share of each female standing in the same degree of propinquity.
"Division of property where there is no relative entitled to succeed under the other provisions of this Chapter:
56. Where there is no relative entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally among those of the intestate's relatives who are in the nearest degree of kindred to him.
C and D can have clear title to the property only when the legal heir(s) as decided on the above principles relinquish/coney their their rights, title and interest in favour of the nominees through the due process.
Querist :
Anonymous
(Querist) 22 May 2023
Hi,
What needs to be done , can letter of administration be taken from the cour to sell the property
T. Kalaiselvan, Advocate
(Expert) 23 May 2023
C & D, in the absence of any transfer deed oin thier name, cannot claim marketable title to sell the property.
The do not have any title or interest in the property that belonged to the erstwhile deceased owner.
The requirement for registration of an immovable property was mandatory since time immemorial, but to avoid paying stamp duty and the registration charges, the people used to remain silent about following the legal procedures those days, but that is nothing than ignorance of law.
Now the wife of A also did not bother to transfer the revenue records to her name during her lifetime.
Even though some people were taking care of her during her last days, in the absence of she bequeathing a Will or transferring the property to their name by gift deed, the C & C cannot claim title to the property, therefore in the absence of title to their name the buyer cannot avail loan from bank to purchase this property.
The buyer if buying this property for some reason may face the same legal problem at a later stage too.
So the next option before the buyer is to keep away from this property, he can choose a property which is recommended for purchase by a legal opinion from an experienced lawyer would be a better option.
