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Tejeshwar Singh (Business)     05 August 2018

Wb housing cooperative law - query

My query is regarding the transfer of flat to a nominee in the presence of a will. My brother is the nominee of the flat and my father has left a will being probated where all my 4 brothers and sisters are the beneficiary. So who will get the flat - all 4 of us after grant of probate or my 1 brother who is the nominee on the basis of the nomination?


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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 August 2018

on the death of a member, the society shall transfer the share or interest of the deceased member to a person nominated in accordance with the rules. The purpose of nomination is to make clear the person with whom the society has to deal upon the death of a member. It does not create any interest in favour of the nominee, to the exclusion of those who are in law entitled to the estate of a deceased member. The nominee does not become the absolute owner of the property. He is only empowered to hold the property in trust for the real owners for the purpose of dealings with the society. He has no power, authority or title to alienate the property to the exclusion of the other legal heirs of the deceased member.

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Tejeshwar Singh (Business)     10 August 2018

Dear Sir, Many thanks for the guidance and reply. Please clarify in which way "the society shall transfer the share or interest of the deceased member to a person nominated in accordance with the rules". Is it by granting of membership or just by recognising the nominee? If membership is granted, can it be separated from ownership?

Many thanks in advance for your kind guidance again.


 


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