Legal Question in Real Estate Law in India

My husband and I have received the Share Certificate from our Housing SOciety, but it only shows my husband's name, although the sales agreement has both our names...nevertheless, my name is put second in Form "I" register book, and my name is the only one on the nomination Form.
In case of my husband's demise, will I have trouble transferring the flat to my name??
Should I request the Soceity to put both our names on the certificate?
Thank you in advance for your valuable advice.

Asked on 2/06/13, 12:17 am

6 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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The answer to your questions are here in below :-

1) No.

2) YES

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Answered on 2/06/13, 12:22 am

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Jayesh Desai Jayesh Desai

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Society must enter your name as second holder. You do not need nomination. As nominee you do not own anything; you are mere 'trustee' holding for the benefit of legal heirs of the original holder.

Answered on 2/06/13, 2:30 am

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