LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SLN (Partner)     15 June 2015

Joint ownership of co-op hsg soc flat

Dear Experts

Kindly advice wrt:

1. Mother and Son "1" Joint Owners of Co-op Hsg Soc flat.

2. Mother Dies. She has made nomination in the name of Son "1" , his wife and minor son.

3. Son "1" submits indemnity bond from wife and from gaurdian of minor son stating no objection in him being the principal nominee.

4. Mother has other son "2" /daughter 1.

Query??

a.Can the Society transfer the flat to Son "1" totally, based on Mother's Nomination? and if the Society has already transferred the flat 100% to Son "1" is the Society liable in any way?

b. Does Son "1"  also to give Indemnity Bond to the Society?

c. Does the Society need to put an advt. in 2 leading dailies for any legal heir/ represnatative to claim Mother's share?

Looking forward to your guidance at the earliest!



 3 Replies

Kumar Doab (FIN)     15 June 2015

 

It is believed that deceased mother was Hindu.

Succession shall be decided as per personal laws applicable to deceased owners.

Nomination is society is not parallel route to succession.

Nomination is for admn. Convenience to deal with the matters pertaining to society and owners.

Son ‘2’ and Daughter ‘1’ are ClassI legal heirs of deceased owner (mother).

It is a process in many authorities ‘to put an advt. in 2 leading dailies for any legal heir/ representative to claim owner's share?’

All points raised by you can be checked by you in society rules and bye laws.

The ClassI legal heirs of deceased owner (mother) can claim the share.

The society can ask for succession certificate/letter of administration as applicable in your state.

 

Bharatkumar (ADVOCATE )     16 June 2015

Nomination Form is valid as per society law. son-1 wife and minor son wave their right in favour of Son-1.

Bharatkumar (ADVOCATE )     16 June 2015

Nomination Form is valid as per society law. son-1 wife and minor son wave their right in favour of Son-1.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register