Nomination rules for co soc in Mumbai
4 weeks ago
Can a nominee of a flat re-nominate his/her legal heir if the title owner of the said flat has no legal heir of himself/ herself.
A.Dear client, No, a nominee of a flat cannot re-nominate their legal heir as a successor. A nominee is a temporary trustee or custodian of the property until the legal heirs are established. The nominee is legally bound to transfer the property to the legal heirs once they are determined. If there is no will or stated legal heir, the property will be distributed equally among all Class 1 heirs.
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A.Dear Sir,
No, a nominee cannot nominate his legal heir unless the original owner is no more and title has been passed on the nominee.
No, a nominee cannot nominate his legal heir unless the original owner is no more and title has been passed on the nominee.
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A.Dear Client,
The nominee holds the property of the deceased owner in trust for the legal heirs. A nominee is only empowered to hold the property “in trust” for the real owners for dealings with the society. He has “no power, authority or title” to alienate the property to the exclusion of the other legal heirs of the deceased member. The nominee does not automatically become the owner of the assets but holds them in trust until the legal heirs can claim their rights. The nominee's role is essentially administrative, managing the assets until the legal process of succession is completed. Section 30(1) of the MCS Act provides a mandate to the society for the transfer of the share or interest of the deceased member to a person or persons nominated by the deceased member or, if no person has been nominated to such person as may appear to the committee to be the heir or legal representative of the deceased member. Provided, such nominee, heir or legal representative, as the case may be, is duly admitted as a member of the society. Rule 25 of the MCS Rules lays down the procedure for the transfer of the shares of the deceased member either in favour of the nominee or in favour of the heir or legal representatives of the deceased owner. In Shakti Yezdani & Another vs Jayanand Jayant Salgaonkar & Others matter, the Supreme Court recently reiterated that nomination is only for convenience and doesn't override the law on succession. Thus, when the successors stake their claim to the property of the deceased, the nominee cannot decline.
The nominee holds the property of the deceased owner in trust for the legal heirs. A nominee is only empowered to hold the property “in trust” for the real owners for dealings with the society. He has “no power, authority or title” to alienate the property to the exclusion of the other legal heirs of the deceased member. The nominee does not automatically become the owner of the assets but holds them in trust until the legal heirs can claim their rights. The nominee's role is essentially administrative, managing the assets until the legal process of succession is completed. Section 30(1) of the MCS Act provides a mandate to the society for the transfer of the share or interest of the deceased member to a person or persons nominated by the deceased member or, if no person has been nominated to such person as may appear to the committee to be the heir or legal representative of the deceased member. Provided, such nominee, heir or legal representative, as the case may be, is duly admitted as a member of the society. Rule 25 of the MCS Rules lays down the procedure for the transfer of the shares of the deceased member either in favour of the nominee or in favour of the heir or legal representatives of the deceased owner. In Shakti Yezdani & Another vs Jayanand Jayant Salgaonkar & Others matter, the Supreme Court recently reiterated that nomination is only for convenience and doesn't override the law on succession. Thus, when the successors stake their claim to the property of the deceased, the nominee cannot decline.
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