Transfer of property to their legal heir on death of owner.
Querist :
Anonymous
(Querist) 26 March 2018
This query is : Resolved
Dear Sir,
My Mumbai base home was on the name of my Mother, she purchased it on 1966. My Father died on 1 June, 2006. One of my sister died on 20 March, 1986. After my father death my mother willingly changed the nomination of house on my brother and myself and another sister who are alive, dated 06 June, 2006.
As husband of died sister remarry so mother had not purposely provided died sister name in nomination. Mother death occurred on 9th July, 2009. After death of mother we are transferring the house on legal heir son that is my name.
Although there is no name included in nomination form of died sister , Let me know is it now necessary to take NOC from “died Sister son” for transferring house on Legal heir that is on my name.
Sanjeev
Kumar Doab
(Expert) 26 March 2018
Which personal law applies in your case or are you all Hindu?
The said home seems to be in some society?
Confirm!
Kumar Doab
(Expert) 26 March 2018
If nomination exists then society can transfer in the names of Nominee(s).
Legal heirs can claim from nominees..
Deceased daughter is legal heir of her deceased mother.
Her legal heirs can grant their consent, relinquish, by their free will or claim their share..
Kumar Doab
(Expert) 26 March 2018
You may post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Querist :
Anonymous
(Querist) 26 March 2018
Dear Sir,
We are all hindus. I feel hindu personnal law applicable here. Its great help to me if you elaborate the answer.
Is NOC from non nominee "deceased sister son" is required for transferring the property on legal heir name.
Note : Deceased sister husband remarry already.
As i am new to site I marked it as anonymous.
My ID : sanjefrg@gmail.com
Sanjeev
Vijay Raj Mahajan
(Expert) 27 March 2018
Yes after the death of your mother as there was no Will made only the nomination done that by itself is not a Will, hence the legal heirs of your mother all of them have share in the property. The son of your pre-deceased sister too has one share in that property that he can claim or relinquish in favour of anyone one of you. The proper relinquishment or family settlement deed has to be prepared, registered after paying proper stamp duty where the son of the deceased sister will give his share to you as settlement agreement.
Vijay Raj Mahajan
(Expert) 27 March 2018
Now before anyone comes forward and start telling that the written Family Settlement wherein the son of the deceased sister relinquish his share in your favour need not be registered should please first read the latest Supreme Court judgement Sita Ram Bhama vs Ramvatar Bhama decided 23.03.2018 which I have downloaded in files here in this LawyersclubIndia Forum
Guest
(Expert) 27 March 2018
In the case of nomination, transfer of property directly to your name has no meaning. In view of the nomination, the Society has to transfer the property jointly in the name of all the nominees, if nomination is in the name of more than one person. There is no discretionary power with the society to entertain any objection, if raised by the son of your deceased sister, or even any other document, like settlement deed with other nominees, to transfer the property in your single name by discarding the nomination of your deceased mother..
The question of transfer to your name by the other nominees is a secondary issue to be taken up subsequent to transfer in the name of nominees. That will be between you and the other nominees. In view of the nomination, there is no role of the son of your deceased sister. So, no NOC is required from him in any case.
Guest
(Expert) 27 March 2018
The Supreme Court case of Sitaram Bhama vs. Ramavtar Bhama has no similarity with the present case of the querist. So, comparison between both the cases has no relevance.
Querist :
Anonymous
(Querist) 27 March 2018
Thanks to all experts for your advise. Appreciate everybody for spending your valuable time.
Thanks again.
Sanjeev
Dr J C Vashista
(Expert) 29 March 2018
At the fag end of debate you have mentioned your name, otherwise you have posted this query as an "anonymous" author, wherein anonymous person is not encouraged on this platform as per rules of the site.
Dr J C Vashista
(Expert) 29 March 2018
I agree with expert advise of Mr. P S Dhingra, the Society shall transfer share of deceased member in the name of "nominee".
Ms.Usha Kapoor
(Expert) 27 June 2018
I agree with Vijay Raj Mahajan and Kumar Doab.
