• Nominee

My father and mother expired and both have a flat in their name and I resides with them they have not registered a nominee or made a will so what’s the procedure to become a nominee I’ve 2 sisters and a brother who are have an equal right but want to know the procedure to become a nominee to deal with the society’s requirement
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Your parents ought to have during lifetime submitted nomination form to society in triplicate that following persons would be the nominees of flat 

 

2)it should mention that on my  demise the Shares mentioned above and my interest in the tenement/flat, the

details of which are given above should be transferred to Shri / shrimati ________________________________________________________________________________
The first named nominee, on his / her complying with the provisions of the Bye-laws of the society regarding requirements of the admission to membership and on furnishing an Indemnity bond along with theapplicationformembershipindemnifying thesociety,againstanyclaimsmadetothesaidsharesand my interest in the said flat by the other nominee/nominees.

 

3) after parents demise you cannot be nominee of flat

 

4) since parents died intestate society can direct you to obtain letters of administration from high court for transfer of flat

Ajay Sethi
Advocate, Mumbai
97640 Answers
7903 Consultations

Hello,

  1. A nominee is appointed by the owner to whom the Flat can be transferred after the death of the owner. However, the rights of the legal heir supersedes that of the nominee.
  2. Now as the parents died intestate and without naming a nominee, firstly you need to make a joint application, by all of you siblings to the Housing Society seeking transfer of membership. You can decide among yourselves if you want it to be transferred to a single person's name or keep it in joined name.
  3. If all the siblings have a consensus on naming a nominee, you may do so by filing the Nomination form along with the application form in triplicate. Alternately, each  of the applicant can file the nomination to the extent of his/her share in the Flat.
  4. Some Societies have the forms available for the application for membership and Nomination and you can get copies. Alternately you can take the help of a lawyer for getting the work done for you.

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

You need to submit an application enclosing death certificates to the Secretary of society for transfer of share certificates in your name. The application be joint application if all want the flat to be transferred or it can by anyone of siblings with NOC from others. You don’t need any legal heir certificate for that.

Ravi Shinde
Advocate, Hyderabad
4500 Answers
42 Consultations

1. a nominee can be appointed only by the member when he is alive

2. as the members [in your case your parents] are no more, no nominee can be appointed now

3. however the share certificate can be transferred by the society in the name of any one legal heir of the deceased co-owners with the consent of the other heirs

4. please note that the heir in whose name the share certificate is transferred does not become the owner of the flat

5. he or she only would hold the property in trust for all the legal heirs of the deceased members 

6. this is to facilitate the society to deal with someone in absence of the members who are no more

7. for transfer of valid title to the legal heirs, either jointly or in the name of any one or more legal heirs with the consent of all heirs, a petition for grant of letter of administration is required to be filed in the Bombay High Court

8. the Court will then appoint an administrator who will then transfer the flat to the name of the legal heirs as agreed between them by registering transfer deeds in their favour

9. another way is to obtain an heirship certificate by filing a petition in the High Court. The Court will then declare that so and so are the only legal heirs of the deceased. As per the mutual understanding between the heirs, release deeds can be registered in favour of the heir in whose name the flat is required to be transferred. 

10. for the purpose of point no.3 the heir has to apply to the society by submitting the relevant share transfer forms to the society for mutating the share certificate in the name of that heir

Yusuf Rampurawala
Advocate, Mumbai
7771 Answers
79 Consultations

Dear Sir,

1.The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:

i. Mother,

ii. Widow,

iii. Daughter,

iv. Son,

v. Widow of a predeceased son,

vi. Son of a predeceased son,

vii. Daughter of a predeceased son,

viii. Widow of a predeceased son of a predeceased son,

ix. Daughter of a predeceased son of a predeceased son,

x. Son of a predeceased son of a predeceased son,

xi. Daughter of a predeceased daughter, and

xii. Son of a predeceased daughter.

Thank You!

Anik Miu
Advocate, Bangalore
10435 Answers
121 Consultations

You cannot be appointed as Nominee after the death of the owners of the flat.

In fact the property which belonged to your parents shall automatically devolve equally on all their legal heirs.

If you want the property to be registered on your name alone, you may ask your siblings to execute a registered release deed in your favor by relinquishing their rights in the property.

 

T Kalaiselvan
Advocate, Vellore
87841 Answers
2366 Consultations

- After the death of your parents intestate , the property would be devolved upon all legal heirs equally 

- Further, as there is no nominee in the society , then the property will be named in the legal heirs , and the society may ask for legal heir certificate . 

- Further , even there was a nominee, then legally he was not authorized to claim the property in the presence of legal heirs. 

- Further, you can move an application for registering the nominee before the management of society. 

Mohammed Shahzad
Advocate, Delhi
14793 Answers
225 Consultations

You need to file the nomination form by submitting death certificate. The society will do the needful.

 If you need any further assistance then you can approach me through LinkedIn.

Prashant Nayak
Advocate, Mumbai
32959 Answers
211 Consultations

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