• Nomination queries for co-operative housing society

Hi,

My father owned a flat in co-op housing society in Mumbai and he passed away in year 2000 without making a will and he had nominated me(son) and my mother equally which was registered by the society.

On his death the society transfered the flat to my mother and me where my mother was the first member and i was the second named member in the share certificate.

We had subsequently jointly nominated my sister (S1).

My mother passed away in 2017 without making any will and now i want her name deleted from the share certificate.

I have one more sister(S2) who is married but her name is not on any document for the said flat.

My query is 1) What documentation is required for me to get my mother's name deleted from the Share certificate in the society records.Since my name is second i become the sole member of the flat.The society is confused and wants me to file a fresh application for membership with NOC from my sister(S1),would S2 also have to sign or give consent in any form since her name does not reflect anywhere.

My second query is that what documentation is required in the scenario that later i want to sell the flat.Since me and my two sisters would be the equal owners as parents are no more what would be the most economical way for us to do the paperwork for the sale in future.
Asked 7 years ago in Property Law
Religion: Hindu

10 answers received in 1 day.

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17 Answers

1) First all legal heirs name should be registered on the flat and in the society registered.

 

2) Later on make relinquish deed on your name so your both sisters will transfer their title rights on your name and get registered  with sub registrar.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

you need NOC from both sisters to transfer mother share of flat in your name 

 

2) please note that nominee is only trustee for legal heirs 

 

3) your sisters can execute relinquishment deed or gift deed for their share in flat 

 

4) it should be duly stamped and registered 

 

5) you can then sell the flat 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

After your father's demise, your and your mother's name was entered in share certificate in capacity of nominees

There was no registered title deed 

So the title is defective 

So no nomination could be made in favour of sister S1 which is void

If you want to sell the flat in future, you will need a proper registered title certificate in your name

For that you will have to apply for letter of administration from court for the estate of your father including this flat

The administrator appointed under above LA will execute and register transfer deed in favour of you with consent of your two sisters 

S2's consent is obviously needed as she is the legal heir of your father and has a share in the flat

Plz keep in mind that a nominee doesn't become owner of flat by mere transfer of share certificate to his name. So your title was defective from beginning 

Getting LA from court is an expensive procedure and the only way to get a clear title, without you won't be able to sell the flat in future 

Mere society transfers confer no ownership right

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

As no Will from either your father as well as mother, automatically becomes intestacy. 

 

Who can inherit if there is no will – the rules of intestacy. When a person dies without leaving a valid willtheir property (the estate) must be shared out according to certain rules. These are called the rules of intestacy. A person who dies without leaving a will is called an intestate person.

 

So you three becomes owner of the property automatically. That means equal share among you all.

Legal heirs certificate is required for registration

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

  1. As per the information mentioned in the present query, makes it clear that second sister is no where in the documentation with respect to the share certificate.
  2. If her name is not there then you need to apply for the fresh application as you want your first sister name also not to be there, but surely you won’t be needing second sister NOC for the same.
  3. But, as your parents are no more and there is no will also. So, you all would be having equal share in the property.
  4. For that you all would have to get the succession certificate from the court of civil law.
  5. Thereafter, whoever want to sell the flat, but surely the amount would be divided equally amongst all existing legal heir.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. Sir the sisters have equal share in the flat even though there is no nomination in there favour so you require a registered relinquishment deed from both the sister and NOC to transfer complete flat membership in your name.

S1 and S2 both have to give NOC as well as.need to register relinquishment deed in your favour for clear title.

2. Further you need a relinquishment deed as stated for there share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The property belongs to all four of you including your mother but in case of your mother death the property goes to three of you in case you want to transfer the property in anyone's name then you have to produce the no break certificate from the rest of the members to get the share transferred in your name in case of absence of a will the society has no authority to transfer the property in any one party name that can only be possible if no objection certificate in this regard is submitted from the other stakeholders

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

To get the property to your name and to become absolute owner of the property, your sisters are required to execute a registered release deed relinquishing their rights to your name.

After this they may have to give a NOC to the society on this basis stating that they do not have any objection for the shares to be transferred to your name and they may have to mention that they have already relinquished their rights in the property.

This procedure will enable you to sell the property subsequently, independently.

 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Her death certificate will be enough for the same. You can sell the property society nomination is not the ownership of Property. Property issues are decided through heirship and succession laws.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Client,

All have 1/3rd share each. To become sole owner, sisters have to execute released deed or gift deed in your favor. Both sisters NOC will be needed.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Yes there should be separate cost for both you can do both the activity simultaneously society will charge transfer fee if in byelaws it is mentioned and the relinquishment or family settlement deed stamp duty shall be applicable. . You can make an family settlement deed for this arrangement and can register same it is doable. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Clear property title with sisters first 

 

then approach society for the paperwork 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

The transfer of property to your name involves two different process.

One with the registration department where your sisters are required to execute a registered release deed relinquishing their rights in the property in your favor.

Second thing is that they have to give an affidavit or NOC for transfer of share certificate to your name before the society.

The cost involved for these two processes may be enquired locally.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can clear property title thing but if you will give declaration that you are only legal heir than case of cheating. If work with NOC than good.

And partition will effect by executing settlement deed or release deed or gift deed.

3 % stamp duty payable.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Without consent of legal heirs you can not  delete your name from share certificate. 

You have to submit NOC from legal heirs i.e Your sister's NOC  Then only you can delete it. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

First u need to obtain clear title by applying for letters of administration 

After you have registered transfer deed, u can submit it to society alongwith society share transfer forms

Obtaining letter of administration is costly. Court fees itself is 75k max depending on value of property. Then there is clerkage and lawyer's fees

Society transfer is easy and would not require much expense 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

This is my response to you:

1. You will need to obtain letters of administration;

2. Then you will need to obtain a Family Settlement Deed;

3. You can also opt for release deed and then you must compulsorily register it at the office of the sub-registrar ;

4. Gather all the property documents, primary and secondary;

5. Consult a local lawyer, state full facts and then take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

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