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jayesh lokhande   04 July 2020

Society Nomination

if in society's nomination form 5 persons are nominee can society transfer ownership in the name of 1st nominee without any consent or NOC of other legal hirer/Nominees will is also not probated.


Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 July 2020

FOR Transfer /Sale /Purchase of a "Nominee" property, kindly prefer to read the following link, for answers to most of your questions:
https://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp

NOMINEE DOES "NOT" BECOME OWNER OF FLAT:
https://chshelpforum.com/nomination-in-chs

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

SHIRISH PAWAR, 7738990900 (Advocate)     04 July 2020

Hello,

If nomination is made in the name 5 persons then society is bound to transfer the property in the name of 5 persons. Society cannot chose one person and transfer the property in one person's name. If will exists then you have to approach the court for probate to transfer the property. 

1 Like

Sunayana Chhabra   04 July 2020

No, the society cannot transfer ownership in the name of one nominee without noc of others. You can take stay on such action of the society. Feel free to contact at sunayana122@gmail.com for further assistance.

jayesh lokhande   04 July 2020

my father died on 2016 & my mother was died on 2006, we were six children on which my elder sister in unmarried two sisters are married another is widow & my brother was unmarried who is no more my father left will where he included my name as son but not stated that I should give any share or not my elder sister & younger sister who is widow & my brother who is now no more should share the property equally another two should get 50000/- as I am the second son who took every responsibility since I was 8 I married my all sisters except one my mother father loved me very much I even reconstruced the house to get extra space to everyone my brother was unemployed & alcoholic person never worked even my elder sister was unemployed she was taking tution in our home. after few years I got married my sisters relationship with my wife was not so good so we got separated since than I was living on rent my permanent job was left, I was working on temporary basis now I am senior citizens hoping to get my share my father was very well knowned with my financial condition but I think my sisters must misleaded & changed the content of will because my father was illiterate doesn't know English but in will it is stated that everything is translated to my father in hindi even witness was not known by us but one of my sister's knowing person & another person not known by anyone when she was above to sell the flat with my another sister I asked for will he got severe heart attack she was hospitalized for 15 to 20 my relation with my father was very good we were bonded emotionally we were having healthy relationship which eachother when he was hospitalized he said that I have managed everything for everyone don't worry just take good care of your sisters my one sister who is widow she has one daughter who is married & now all of them has an evil eye on the property thing is that without my consent my NOC they managed to own the flat which was early owned by my father as per society nomination I am the legal hirer of said flat & also consist second name on the backside of share certificate they even not probated the will. Now society is convincing me not to do any case or police complaint they are saying you both should sit & do the settlement after all it's your family matter my sisters & society committee members are speechless. our society was under redevelopment which is now completed & registration was done on my elder sister's name who is unmarried even this many years half share of rent not given to me they utilized all my mother & father's bank balance & whatever money they had.
kindly suggest me what should I do.

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