shveta P (manager) 09 June 2015

Noc from other nominees

Hi.. My mother nominated me as first nominee and my brother as second nominees for a residential flat at Mumbai.She expired in 1999. On her demise I applied for membership wherein chs accepted and made me member on share certificates,maintenance bills expecting NOC from my brother who is occupying the premises. However my brother refused to give NOC stating various personal reasons subsequently for personal reasons. Now the society is saying that since he is not giving NOC they will put his name as member on the share certificate as per resolution passed by them without my consent.

Is this process legal? How can I stop?what are the option available to me & the society in view of my brother refusing to give noc for transfer?

Thanks.

shveta

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2 Replies

Kumar Doab (FIN) 09 June 2015

You aim to get membership or ownership?

Nomination in society does not create a parallel route to succession.

Nomination is just for administrative convenience to deal with representative of owner/successors for administrative convenience.

The society must have decided to include his name as member since he is residing in the Flat, as per society rules that can be framed as per society by laws.

You can also approach society claiming that you are legal heir and enjoy equal share or move court.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 09 June 2015

1. IF mother had nominated Two persons, THEN the Society, by legal default, has to incorporated BOTH the nominated names, as members, on the Society records and Society Share Certificate.

2. A Nominee-Member, will never become the owner of the Flat, even if the nominee is the legal heir of a immovable property in Mumbai. To become legal-owner, obtain a "Letter of Administration", from the testamentary division of Mumbai High Court.

Keep Smiling .... Hemant Agarwal
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