• NOC from nominee mandatory for sale of cooperative society flat in Kolkata

Is NOC from nominee mandatory for sale of cooperative society flat in Kolkata ? I’m the nominee and my mother is the member in our cooperative society. Is it possible to transfer share to someone else without my permission?
Asked 4 years ago in Property Law
Religion: Hindu

11 answers received in 1 day.

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18 Answers

Nominee is only trustee for legal heirs

2) mother can during her lifetime transfer flat in favour of third party without your consent

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. Nominee has no right in the flat and society shares during the lifetime of society member

2. Even after society member passes away, the nominee holds the flat and shares of deceased member, only as a trustee, and does not get any ownership rights whatsoever

3. If society member is alive then she can sell the flat to whomsover she deems fit

4. No permission of nominee is needed

5. Upon the sale, the nominee automatically lapses and the new member can appoint his own nominee

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Firslty, there has been a well defined through precedents for the nominee to have the same right as of the real owner.

Secondly, when a name has been there as nominee that means the person is entitle to all rights with respect to the immovable property.

Thirdly, without your NOC the flat can’t be transferred to any one, and if it is done somehow then it will be a fraud as well as forgery.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Nominee have no rights till the title holder is alive. She may dispose the property if it is not of ancestral nature.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Nominee has no legal right in life of the owner he is just trustee for legal heirs so yes mother can sell the flat without your permission.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No consent or NOC from the nominee is required to sell a property in a Cooperative Housing Society.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

This is my response to you:

1. Since the nominee has been made in the flat, therefore his/her permission is required;

2. It is better if the NOC is given by the nominee;

3. Though in some societies it is not necessary, since nominee is not the owner, and does not have name on the property records;

4. For precautions sake NOC can be given.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Nominee has no say in the property neither his/her NOC is required to sell the property. A person who receives the benefit in case of death of the person is a nominee.

If property belongs to mother not inherited from father, she can sell it to any.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

as earlier stated, nominee has no right over the flat and society shares

the owner member i.e. your mom can do whatever she wishes with her flat

there is no way you can stop her legally from doing so

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Mother can transfer property to third party without your consent

Your NOC is not mandatory

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Sir the flat can be sold by the owner without permission of the Nominee no NOC is required from nominee by the owner of the property. The owner has power to even alter the nominations.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hii

Greeting s of the day.

Yes but obvious by law the NOC is mandatory from Nominee. To avoid any legal complication in future one should obtained a NOC from legal hiers and Nominee.

Best regards

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

1. Your mother is the title holder of the flat and is also the share holder of the said Society.

2. She has nominated you or taking possession of her said flat and ubstitute your name in the share certificate issued by the Society after her demise.

3. She has not registered any deed of conveyance to authorise you to claim title of the said flat.

4. Your mother can very well sell her said flat without even informing you since she is the sole owner of her said flat.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Your mother is the sole title holder of the said property.

2. Your consent is not required by her for dealing with her said property because of the reason that you have been made her nominee for the said flat.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The very purpose of nominee is to take over possession of the proeprty and distribute the same to the class I legal heirs of the deceased owner, hence the nominee will come into effect only after the demise of the owner therefore nominee cannot assume extra ordinary powers on the property especially when the owner is living.

The nominee has no rights in the property during the lifetime of the owner hence he need not be consulted before transferring the property by sale to any person.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

As per law of nomination, the nominee is just a trust to receive the property on behalf of the class I legal heirs of the deceased owner of the property and to distribute the same to the beneficiaries.

The nominee will have no role to play in respect of this property during the lifetime of the owner of the property.

Therefore your NOC or permission is not at all required.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. IF the Nominee name is endorsed on the Society's Share Certificate, THEN it becomes mandatory for the Society to ask for your affadavit /NOC, before making any further Transfers.

2. Search the Internet with the following key words "Nomination in Housing Society". The article will give proper perspective on the rights of the Nominee

3. IF you are a Legal Heir of the Flat-Holder, THEN a proper legal notice can be served to the Society to desist and refrain from making any further Transfers, without your express written consent, else you would file relevant prosecution in the Court, against the Society Committee members.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Sorry to break your eyes but no NOC would be required from you and your mother can sell the said property, without your consent.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

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