1) nominee is only trustee for legal heirs

2) on demise of the member his wife only had one fifth share in the flat

3) nominee cannot transfer the flat in name of one son without consent of other legal heirs

4) ask nominee to obtain gift deed or relinquishment deed from other legal heirs

5) then only nominee can execute gift deed to transfer flat in favour of eldest son

Society can approve transfer after following procedure mentioned herein above

2) society should insist on indemnity bond from the transferree

3) The transfer of flat should be approved by the AGm and ratified by the AGM

1. once property is transferred in the name of deceased wife then son cannot get title over the property unless title is transferred by his mother.

2. because mother has absolute ownership over the property so she can make a gift or mutate her name through family settlement.

3. in first option you need a valid registered gift deed and in second option you need registered settlement deed.

4. in present situation ownership of flat cannot be transferred in the name of her son without any written conveyance.

so pl guide us what documents should we obtain from the son to complete the legal formalities if the process of transfer of flat in the name of son is legally OK and also the members of the management team can save their skin in case of any dispute among the family members.

In the given situation, the wife of the deceased is no doubt a nominee to who the shares of the property have been transferred.

However the legal fact is that the properties shall devolve equally on all the legal heirs of the deceased if he is reported to have died intestate.

The nominee is just a trustee to receive the property on behalf of the legal heirs.

However in the present situation you may ask them to submit NOC from all other legal heirs of the deceased property owner and an indemnity bond from the claimant indemnifying the society against all legal disputes in future that may arise due to this.

Please remember that just transfer of shares of the property to his name canot make him an absolute owner, the other legal heirs have to execute a registered release deed relinquishing their rights in his favor after which he can become an absolute owner of the property left behind by his deceased father.

how long will it take to reply ?

You have already got a reply to a similar question long back and even for this from many lawyers.

For getting a proper opinion and suggestion ther is nothing wrong in waiting for few hours after posting a query.

what more you are expecting from me. I really do not understand what follow up question you want from me

Being a society member you do not have to give a reply to the member in your individual capacity.

The society is a body and whatever reply given by you will be deemed to be a reply by the society, hence you should be careful to avoid giving false advise or suggestion to the members.

The transfer of property to one individual where ther are more number of legal heirs/successors in interest, will certainly raise speculation and legal disputes in the future, hence to save your skin you should clarify each and every aspect properly before approving the transfer of share certificate to one person name when ther are more number of people who are entitled to a share in it.

what is follow up question

If you have any other question other than this you may raise it in the follow up question.