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William (self emp)     30 November 2011

Rights of a nominee (immovable property)

 

My uncle has expired, leaving me as the nominee. He was single and has no legal heir. The flat is in a building under a coop hsg society. I want to sell the flat. I have the original agreement and the share certificate that stands in my uncle's name. What is the procedure? 

My uncle is no more. So a dead person cannot sell his property. How do I show the buyer that I have the right to sell the flat?

Will I have to transfer the share certiicate in my name?

Do I have to make any ammendments in the existing agreement (that stands in my uncle's name) and include my name as the owner? I don't know if this is possible.

What requests must I make to the coop housing society?

What are the documents that the buyer will ask for?

Thanks in advance.



Learning

 1 Replies

Advocate Vishnu (Advocate)     01 December 2011

Dear william,

As you are the nominee, the hsg society will have to transfer the share certificate to your name.Make an application for the same and transfer the shares into your name. This however does not make you the owner. You will be able to sell the property jointly wil the other legal heirs if any.


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