Son nominee and mother second person in agreement
I am planning to buy an apartment in Thane/Maharashtra. As per the agreement the property was owned by husband (First name in the agreement) and wife(Second name) in which now husband is not alive. At the same time in the society papers husband has nominated his son as 100% nominee. So society guys are saying that they will transfer the share in the name of son and not in the name of mother or not in the name of mother + son. - I have a query whether society representative is correct – in transferring property in the name of son? - The shares should be transferred in the name of whom? - If the deal happens the agreement will happen with whom – a) Wife b)Son c) or both.
The title of the immoveable property in concern is ambiguous – making the title improper. Meaning thereby, that currently neither the son nor the mother(in their individual capacity) is able to transfer the property in third party’s name. In order to enter into a contract of a sale deed, the party transferring the ownership should himself/herself possess a clear title and the party buying such property must come up with clean hands – as per the intention of the law. Our suggestion to you would be, to first let them sort out their family issue amongst themselves and with the society. Get it mutated in the name of either mother or son (by way of a mutual settlement). Because, viewing it from the point of view of an advocate – the case is an appropriate case of Suit for Declaration of Title. A suit for determining legally the ownership rights of an individual over the property.
Ideally speaking, the 100% nomination of the son in the society papers should have gone – seeking the approval of both the father and the mother. Since, both of them are the co-owners under the registered property papers.
Two people becoming joint owners of the property are deemed to have a co-ownership over the said property. Making them have an equal share in the property. And one selling the property or giving it away by means of a Will or a Gift, requires either a mutual agreement of the other or an N.O.C from the other saying that yes, I do not pose any objection of the other giving away the property in an individual capacity.
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