registration of flat
Harshit
(Querist) 02 April 2015
This query is : Resolved
Hi,
My Father passed away in 2004 and he had nominated me for the flat. The nomination form was already submitted to the society before he passwed away.Had a word with my society. They just asked me for a NOC from my brother and than they would add my name in the share certificate and add my name in the society registers. I do not want to sell the flat.
1) Do I need to register the flat in my name or its optional?
2) How important is mutation?
I was just planning to get the share certificate on my name by submitting the NOC to the society. Will it create any problems if i dont register the property at this.
Regards,
Khimji Patel
Kishor Mehta
(Expert) 03 April 2015
Sir,
If the name of your father appears first on the share certificate and if you are the sole nominee, that is the name of your brother is not mentioned in the nomination form, then the Society has to transfer the share certificate to your name, on submission of the death certificate of your father, and need not ask you to get an NOC from your brother.
Please understand that nomination makes you only a trustee and not the owner. The ownerhsip will be decided by the WILL of your father.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 03 April 2015
Registration not required, get the flat transferred in your name and get it mutated.
Dr J C Vashista
(Expert) 03 April 2015
Agree with experts, get the share certificate and flat transferred in your name without registration as provided in (your State) Cooperative Societies Act.
For further clarification/advise/ proceeding visit my profile for pressing the button "Click to 'Talk"
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
As rightly observed by expert Mr. Kishor Mehta, nomination is different from ownership (title). This nomination will help only to get the shares transferred in your name and you will be the trustee on behalf of the legal heirs of the deceased, if you have to hold the property on your name, you may have to apply for mutation of revenue records, and transfer of all other records on your name by taking a registered release deed from your brother in your favor, after that only you will become the owner of the property.
Harshit
(Querist) 13 April 2015
Hi All,
Thanking you for your valuable feedbacks... I made a Noc from my brother and asked the society to transfer the shares and add my name in the certificate.
So now my name is added in the share certificate and regiters of the society.
But i am a lil confused, u guys mentioned that i wont be considered as the owner, even after getting the share certificate in my name.
So what should be the next course of action to be the owner of the flat?
