Purchase of flat from nominee
Venkat Mogga
(Querist) 28 January 2016
This query is : Resolved
Dear Sir,
I am planning to buy 1 BHK flat in chembur and have finalised one flat. The flat in whose name it is registered, he has expired and it has got transferred to his wife. She has one daughter and one son.
Daughter has given a indemnity bond stating she has no objection and the flat can be sold out to anyone.
But there is no noc from the nominees son.
And the nominee has prepared one permanent agreement and mention that there are no legal heirs.
Question to you Sir, can i buy the flat.
Will there be any legal issues.
Regards
Kumar Doab
(Expert) 28 January 2016
Nominee is not owner but a mere trustee.
Nomination in CHS is not parallel route to succession.
The successors and their share shall be as per personal law applicable to deceased owner e.g. Hindu Succession Laws.
Assuming that deceased owner was Hindu his mother,wife and children shall get equal share.
First of all the Flat should be mutated in the name of all successors/ClassI legal heirs and then all should sign the sale agreement and sale deed.
Or the successors/ClassI legal heirs should release their share by a valid and registered deed in one's favor and then duly appointed person that gets rights to sell by a valid and registered deed should sign the sale agreement and sale deed.
The nominee is making a false statement since you have posted that wife and children are alive.
Are the children minor?
O. Mahalakshmi
(Expert) 28 January 2016
not safe to purchase that flat
Rajendra K Goyal
(Expert) 28 January 2016
the purchase deal is not free from associated risks.
Hemant Agarwal
(Expert) 28 January 2016
1. You can "safely" purchase the Flat of the Deceased person, PROVIDED all the legal heirs jointly execute a "Sale Deed", in front of the Registrar of Sub-Assurances, who should duly register the Sale Deed.
2. The Deceased Wife shall be First signatory and all the legal heirs shall sign as "confirming signatories"
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Venkat Mogga
(Querist) 29 January 2016
Dear Sir,
It is brought to our notice by Society secretary that the owner of the flat when he was alive has made "WILL" stating that his wife and daughter will only be his legal heirs of the said flat, and the Share certificate is transferred on the name of the owners wife's name. Kindly suggest can I buy that flat
Thanks
Regards
Venkat Mogga
(Querist) 29 January 2016
Dear Sir, It is brought to our notice by Society secretary that the owner of the flat when he was alive has made "WILL" stating that his wife and daughter will only be his legal heirs of the said flat, and the Share certificate is transferred on the name of the owners wife's name. Kindly suggest can I buy that flat Thanks Regards
Rajendra K Goyal
(Expert) 29 January 2016
Will need to be probated and then execution take place.
What happened to the share of daughter mentioned in the will?
If you want to proceed, consult local lawyer first and discuss with him in detail,
Kumar Doab
(Expert) 29 January 2016
It is mandatory to probate the WILL in Mumbai.
Society might have asked to probate the WILL and might have transferred the shares after the WILL was probated.
Hemant Agarwal
(Expert) 30 January 2016
Kind Attention: Venkat Mogga
It seems that you have not understood my reply.
Kindly prefer to RE-read my reply, once again, this time very " S L O W L Y" and understand what is replied.
IF "ALL" the legal heirs, jointly execute a "Sale Deed", in front of the Registrar of Sub-Assurances, THEN the theory of any will existing or not existing, whether probated or not probated, can be safely junked down the sewage drain.
Further avoid asking half-baked questions, that too in piece-meal basis.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
V R SHROFF
(Expert) 30 January 2016
YOU PURCHASE IT// WITH MINOR RISK..
NOMINEE CAN SELL FLAT, IT IS NOT ILLEGAL,
GET INDEMNITY BOND FROM SELLER,
ONCE SHARE CERI TRF TO YOUR NAME, YOU ARE 99% SURE ANS SECURED.
1% RISK OF LITIGATION REMAINS FROM OTHER LEGAL HEIRS, BIT "WILL" WILL PROTECT YOU, WITH POSSESSION AND NOC FROM SOCIETY AS ACE CARDS.
