Procedure- transfer flat to nomine aftr 6 month owner death

Querist : Anonymous (Querist) 17 August 2018 This query is : Resolved
As per by law 34, transfer of flat to nominee on death of the owner must be done within 6 months. However what happens If nominee approaches society to transfer the flat after 6 months due to some challenges.

Require guidance as society mgmt committee has insisted that If nominee submits the document after 6 months then transfer has to be performed via registrar / legal proceeding would have to follow. Also other members who are not part of hier/but distinct relatives they too can then claim share in the property.

request to guide on the procedure of transfer of flat to nominee after 6 months of owner's death. Also insuch situation can other members who are not part of heir / but distinct relatives can they claim share in the property?

Regards

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P. Venu (Expert) 17 August 2018
Which law - is it a statutory law or a mere bylaw?

Kishor Mehta (Expert) 21 August 2018
(1) Society is legally bound to endorse the share certificate to the name of the nominee without raising any trivial issues, if the nomination papers are duly filed with the Society.
(2) Nominee is only a trustee and holds the property in trust for the legal heirs,
(3) Legal heirs of the deceased owner have to approach judicial authorities for their respective shares in the property.

Hemant Agarwal (Expert) 13 September 2019
https://chshelpforum.com/nomination-in-chs

http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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