• Property agreement and share transfer

I am planning to buy an apartment in Thane/Maharashtra. As per the agreement the property was owned by husband(First name in the agreement) and wife(Second name) in which now husband is not alive. At the same time in the society papers husband has nominated his son as 100% nominee. So society guys are saying that they will transfer the share in the name of son and not in the name of mom or not in the name of mom + son. 
-	I have a query whether society guys are correct – in transferring property in the name of son? 
-	The shares should be transferred in the name of whom, Son or mom or both? 
-	If the deal happens the agreement will happen with whom – a) Wife b)Son c) or both Mom + Son.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1)husband and wife are co owners of flat

2) husband 50 per cent share in the flat will be transferred to son as he is nominee

3) so share certificate will reflect names of sons and mother

4) please note nominee is only trustee for legal heirs

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1.On the death of a person his share in the proeprty gets transferred on his wife and children.

2. So share can very well be transferred to his wife and son.

3. In any event you have to buy the property from the widow and the sons,daughters , if any.

4. Share certificate does not change the title if the right or wrong.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Share certificate is different to that of the title to the property.

As per succession law, the legal heirs to the deceased shareholder of the property are also co-sharers to the property along with the other main co-sharer, i.e., the mother.

Society cannot transfer the entire shares to the son even though he is the nominee to the deceased.

The sale agreement should be entered into by all the legal heirs along with the wife of the deceased who is another share holder to half of the property..

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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