Legal Question in Real Estate Law in India
I am the only nominee on a flat that my grandmother left after she died.
Do I have to provide a No Objection Letter from all the heirs( My dad and aunts) living, to the cooperative society, in order to get the flat transfer under my name?
Please advice
Thanks
2 Answers from Attorneys
You must have a will or settlement deed. If the nomination is in writing you must register the same after stamping.
S.Seshadri
Chennai Office Phones: 98403 20808 /28515229
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In case of valid nomination, society should not and need not ask for any consent or no objection from other heirs of deceased.
However, you may be aware of the legal fiction of nomination i.e. nominee is merely a trustee of legal heirs of the deceased. Therefore, in case you wish to be absolute and lawful owner/holder of membership/flat, then necessary registered instrument from legal heirs of deceased should be obtained. This instrument, depending on provisions of stamp act, may be either a release deed or a reliquishment deed or a declaration.
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