Person 'A' (freedom fighter) aged 98 yrs got a flat allotted from Mah state govt in Dec 2006. He's required to pay about 2 lakhs to the govt & get the deed registered for transfer of said flat from developer in his name.
Within a week of this allotment & even before he gets the registered transfer/sale deed done, he does a regd notorised affidavit saying that his grandson i.e Person 'B' (daughter's son) has helped him to pay this 2 lakh & he also takes care of my health etc, hence out of love I authorise person 'B' as nominee to do all transactions for this flat & also bequeth the flat to him after my death. (Although he also has two more sons.)
Thereafter in March 2007, Person 'A' does registry with developer/ builder & dies after few months.
In 2015, a housing society is formed & based on the notorised affidavit of late parson 'A' (which was done even before person 'A' did the registry), the builder mentions person 'B' as the owner of the flat on the documents he hands over to the society.
Since then person 'B' is regularly paying maint bills etc. & now wants the share cert to be given to him. Original owner i.e person 'A' had two more sons but so far nobody has claimed any stakes.
The last registered document with govt registry is the one between person 'A' & builder only. Person 'B' name is not there. But builder has again given letter saying 'B' is the owner.
So request to answer two querries pl..
1. Should the society handover the share cert to person 'B' or should it ask him to bring NOC frm legal heirs of 'A' (his maternal grandfather)?
2. Even if he gets the share cert in his name, but since his name is not there in linked registry etc, will he be able to do registered sale deed to some new buyer?
The person B is called the beneficiary of the person A.
Person A bequeathed his property to B and also has given the reasons for transferring the property in favour of B.
Therefore the person B can transfer the revenue records to his name through the revenue department or local civic body.
But before that since it is mandatory in Bombay to obtain probate of Will, he may to file a probate case in the court competent and obtain probate of Will after which he can get the property transferred to his name in the revenue records, subsequent to which he can apply for transfer of share certificate to his name in the society.
It appears that the original owner is alive, if yes, it would be better to get the property transferred to your name by the person A executing a registered gift deed in your favour so that you will acquire the title to the property directly.
