Property transfer in case of joint ownership with mother
SANTTHOSH SHETTY
(Querist) 30 April 2019
This query is : Resolved
Hello sir. In our society one of the member is having joint ownership flat where second owner is mother. She expired recently leaving behind 1 son who is the 1st owner and 1 daughter, not in property owneeship. Society nomination documents is there in favour of son. Now son applied for 100% flat in his name in share certificate. Pls suggest process and do we need to take noc from daughter being legal heir.
KISHAN DUTT KALASKAR
(Expert) 30 April 2019
Dear Sir,
If the deceased left behind son and daughter then they have 50% share as per following provision of law
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
Please mark “LIKE” if satisfied by my answer.
kavksatyanarayana
(Expert) 30 April 2019
Dear queriest, you and your sister have equal rights over your mother's half share. so your sister may relinquish her rights or Gift in your favour and it requires registration.
Dr J C Vashista
(Expert) 01 May 2019
The query of author pertain to transfer of share certificate in CHS, wherein provisions of Maharashtra Cooperative Societies Act/Rules and Bye-Laws of the Society apply which do not fall u/s 15 of HSA as reproduced by Mr. Kishan Dutt ji.
However, it shall be better to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.
Guest
(Expert) 01 May 2019
You have to act as per existing nomination. Also, you have the need to understand that nominations are not made simply to be ignored by the society. As against the advice of Shri Kishan Duatt, Retd. Judge, provisions of the HSA apply only where no nomination or will persists. HSA cannot be assumed to have an overriding effect on the provisions of the CHS Act and Rules.
Society has nothing to do with any third person, may he/she be a legal heir of the deceased, unless the affected persons brings forth any verdict of the competent court in support of his/her claim.
So, why thought to create a controversy in a simple case of nomination and why do you believe that the sister would definitely give NOC and would not create any hindrance in the society's authority to deal with the case?
P. Venu
(Expert) 04 May 2019
The nomination is with respect to the Share in the CHS, not with respect to the title to the property which is jointly vested with the brother and the sister.
