Transfer of Membership of a hsg scheme of the Trust in favou
Querist :
Anonymous
(Querist) 16 May 2010
This query is : Resolved
My father was a Member of "Sarvodaya Nagar”, a trust for housing scheme since 1966, where nomination was in favour of my mother.
My father expired in 2007. My mother does not intend to give me a single penny from the estate of my father, even though she is merely a nominee i.e. a trustee on behalf of all the legal heirs.
I am given to understand that a Nominee is not an heir and holds no legal rights. The nominee is only a caretaker. She/He has no ownership rights and ownership is by law of succession.
My query is :
• Whether membership can be transferred in favour of the nominee, my mother, after lapse of more than 4-5 years, without obtaining NOC from all the legal heirs including me?
• Can my mother, as mere trustee sell the membership right either without my consent OR without giving me my share in the membership?
. What will be the recourse available to me, if membership is transferred in favour of the nominee - my mother, and she in turn sells the membership, without my consent or without giving me my share in the membership, since she does not intend to give me a single penny.
Uma parameswaran
(Expert) 17 May 2010
NOC from legal heirs are not necessary.Your mother have the right to sale if she is the sole nominee and get permission from the society.
