• Nomination to property

What is the correct course of action to be taken by the Co-op. Housing society, when it finds that an accepted Nomination is invalid after the death of the nominator. Should the society move court / Registrar against the Nominee to vacate the flat?  Is there any time limit for action by the society?
Asked 1 year ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) nomination must have been scrutinized by the managing committee before it is recorded in nomination register 

2) what basis you say nomination is invalid please clarify . 

3) nominee is only a trustee for legal heirs  till all legal heirs are brought on record and has no rights of ownership over the flat 

4) society should direct legal heirs to obtain succession certificate or letters of administration from court 
Ajay Sethi
Advocate, Mumbai
26006 Answers
1414 Consultations
5.0 on 5.0
Society would go nowhere. It is the person who was aggrieved by the wrong nomination would challenge the nomination.
There is no time limit to challenge such nomination.
Devajyoti Barman
Advocate, Kolkata
6433 Answers
71 Consultations
4.9 on 5.0
As per your Question if Nomination is invalid after the death of nominator ,then the Nominee can get the proof of relationship of the Nominator that he has to show the relationship and proof of the relationship to the Co-op. Housing society, and the Co-op. Housing society will accept after getting succession certificate from the court and nominee the said person
Mazher
Advocate, Hyderabad
57 Answers
6 Consultations
Not rated
Nomination is not a transfer of title as a nominee is only a trustee who holds the property in trust for all legal heirs. It does not overthrow the law of succession and inheritance. On the demise of husband all his heirs i.e widow, mother and children succeeded to his property. A co-owner cannot be evicted from the property by another co-owner except if partition has taken place. If your share is being denied to you then the remedy is to file for partition.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1) was application  for membership  by the wife placed before managing committee of the society for consideration ? 

2) was any resolution passed by society admitting wife as member . ? 

3) was it ratified by AGM 

4) share certificate ought to have been transferred in name of wife if application for membership was accepted by the society 

5) nomination would be invalid if flat not transferred in name of wife . it is surprising that nomination was endorsed by the office bearers of the society . 

6) nominee should apply to bombay high court and obtain letters of administration of the flat in favour of legal heirs 
Ajay Sethi
Advocate, Mumbai
26006 Answers
1414 Consultations
5.0 on 5.0
1) the society has admitted nominator  ( wife) as member . membership fees were collected by the society .

2) nomination form in favour of nominee  was endorsed by office bearers of the society . society has issued letter to nominee that he is on rolls of society as nominee .

3) society cannot evict you from the flat 

4) to protect your interests obtain letters of administration from court. it takes only 6 months 
Ajay Sethi
Advocate, Mumbai
26006 Answers
1414 Consultations
5.0 on 5.0
What is the correct course of action to be taken by the Co-op. Housing society, when it finds that an accepted Nomination is invalid after the death of the nominator. Should the society move court / Registrar against the Nominee to vacate the flat?  Is there any time limit for action by the society?
If the nomination is found to be invalid then the society may ask the occupier of the flat in the name of nominee to produce legal heir ship certificate and can issue a legal notice for further legal action on this as envisaged in the bye laws of the society. 
Actually a nominee cannot claim ownership of the property just because he was a nominee of the deceased, the nominee's role is like a trustee on behalf of the legal heirs to receive the property and disburse the same equally among all the legal heirs of the deceased flat owner.



Now, the society refuses to accept my membership. Can the society move court or any other authority against the Nominee to vacate the flat?
The society may refuse to give membership to the nominee demanding succession certificate from court of law.  However as per bye-laws of the society, a nominee can be allotted with membership if there are no rival claims for the property  
The membership of the society will not effect the transfer of property in your favor if you are the legal heir and claiming ownership on that basis.
The society has no power to evict you from the property because it is not the exclusive property of the society.



T Kalaiselvan
Advocate, Vellore
16359 Answers
153 Consultations
5.0 on 5.0
14. The society is still adamant not to recognize me as the Nominee and does not accept the normal outgoings of the society, for which no bills are being raised on the said flat.
Under these circumstances, the possession of the property still remains with me. Now, can the society evict me from the flat, especially since the plot is likely to go for redevelopment. What is the action required to be taken by me to protect the interests of the Nominator?
You should send a legal notice o the society to make an endorsement as 'Nominee' based on the valid nomination made by the deceased owner during the life time. If the society refuses or does not complies with the demand, you can move the cooperative court seeking relief.
The society has got no power to evict you from the property and in the event of of society refusing to recognise you, then you can move an injunction suit against the society restraining its development program without taking your consent. 
T Kalaiselvan
Advocate, Vellore
16359 Answers
153 Consultations
5.0 on 5.0
You cannot be evicted from the property except with a court order in this regard. The remedy is to file for partition to seek division of share. If you apprehend being thrown out of the property by the society then you have the remedy to seek injunction from the civil court.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

Ajay Sethi
Advocate, Mumbai
26006 Answers
1414 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
16359 Answers
153 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6433 Answers
71 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
63 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
810 Answers
55 Consultations
5.0 on 5.0