Legal Question in Real Estate Law in India

Owner of the flat (Mumbai) has died. The owner has nominated three nominees (in the nomination form).

Two nominees want to be co-owners (or joint members) and the third nominee wants to be an associate member.

But the society say's that they will transfer the flat in only one name. i.e. 100% to one nominee only.

All the three nominees, do not agree to the society's stand of transferring the flat to single nominee.

What should the nominees do?


Asked on 9/02/09, 9:30 am

3 Answers from Attorneys
KAMAL GROVER

File the case in court.

[email protected]

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Answered on 9/02/09, 10:29 am
Rajendra Soni Goldsmith & Goldsmith

Ans:- The owner can appoint 3 nominees

Ans:- The 2 nominees can be co-owners or (joint-members) as per bye-laws no 19(B) & 66(v) & 19(C) of bye-laws of the society.

Ans:- The society has to follow the nomination form of the deceased.

Ans:- The nominees can approach the co-operative court having jurisdiction

As per Maharashtra Co-operative socities Act 1960 and the rule under it

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Answered on 9/03/09, 2:32 am
Shrichand Nahar S.V.Nahar, Advocate

Approach DDR or Court.

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Answered on 9/07/09, 5:56 am


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