LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

r.sankaranarayanan (Official)     24 November 2019

Letter of administration issued by high court, bombay

In a Co-operative Housing Society in Mumbai, a member, who did not have children had nominated (1) his wife 50%, (2) His sister 25% and (3) His nephew 25%. He died without will (intestate). His nephew applied to the CHS to transfer the flat to his name and the Society wrote to all the three to agree amongst themselves to whom it should be transferred. In the meantime, his wife went to High Court, Bombay and being the only legal heir and got Letter of Administration. The order says that she (Wife) is allowed to administer the property. Does she have full right to transfer the property to anybody or sell the property. I seek guidance from the learned advocates.



Learning

 11 Replies

Kishor Mehta (CEO)     25 November 2019

Wife, being the only surviving legal heir, is the legal beneficiary of the property of the deceased person. Nominees are only holding trustees they do not derive any ownership.

Real Soul.... (LEGAL)     25 November 2019

SInce wife is the leagl heir ,but the other two are nominees so it could trated as wish of the owner that property to be divided amoung three with wife habing 50% share, However you need to get your shares specified and for that you need to get declartion from court . 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 November 2019

1. Nominee's in a Housing Society in Maharashtra, are legally NOT entitled to claim any share in the property of the deceased owner and neither the Society is legally entitled to transfer ANYTHING to the Nominee.

2. The Wife of deceased is entitled to 100% property of deceased Husband and NOW more specifically on basis of the Letter of Administration (LA) issued by the High Court, the wife is legally entitled to Sell /Transfer /Gift /Donate /Mortgage /whatever.... WITHOUT any reference to ANYBODY.   Due to the LA, the Nomination Form executed by deceased owner has become null & void and Nominee's are not entitled to ANYTHING.

3. Visit the following Links, for more info into the matter:

https://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp

https://chshelpforum.com/nomination-in-chs

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

r.sankaranarayanan (Official)     25 November 2019

Thank you.

Shankar

r.sankaranarayanan (Official)     25 November 2019

Thank you.

Shankar

r.sankaranarayanan (Official)     25 November 2019

Thank you.

Shankar

Dr J C Vashista (Advocate)     26 November 2019

Very well explained and advised by expert Mr. Hemant Agarwal, I agree and appreciate.

Nominee is just custodian of property till it is handed over to entitled LRs of deceased.

Bombay High Court has already stated to have issued letter of administration (how ??) there is no legal infirmity.

Consult your lawyer for proper guidance who is well aware about facts of the case, an able, competent and intelligent enough to advise you better than an obligation of experts on the basis of limited facts posted by you.

r.sankaranarayanan (Official)     26 November 2019

Thank you for your reply. Letter of Adminstration issued by High Court, Bombay says that the wife is allowed to "Administer" the property/ies. I am slightly confused by the word "Administer" since it does not say that she is the successor.  The letter of adminsitration also says that within 3 moths or 6 months( I dont remember the exact wording), she has to report to the High Court. I am a lay man. Hence the doubt. Can you guide me on this, please?

Real Soul.... (LEGAL)     26 November 2019

She is authorised to adminsiter the property does noty mean she can sell or misappropiate the property.She will look after the property and submit reports to high court/

Kishor Mehta (CEO)     26 November 2019

Granting of Letters of Administration means that Hon. High Court has accepted her claim to the property of her husband.

r.sankaranarayanan (Official)     26 November 2019

Thank you.

Shankar


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register