Anilkumar Yadav
Asked March 23, 2017

Validity of Society Registration

  • 1 Answer
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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 mom or not in the name of mom + son. - I have a query whether society guys are correct – in transferring property in the name of son? - The shares should be transferred in the name of whom, Son or mom or both? - If the deal happens the agreement will happen with whom – a) Wife b)Son c) or both Mom + Son.

Answer 1

It needs to be examined in the agreement if the wife is the co-owner of the property. If the husband and wife co-owned the property then the son will replace only the father's share in the property. Being the co-owner with his mother, the sale deed should have both their names. It is therefore important for you to examine the original deed of the property to check if the property was jointly owned by the couple or not. The original deed will help you in determining the position of the wife. 

Also, just because the son is a nominee as per the documents of the society, that does not mean he becomes the sole owner of the property. In the case of Abhay Sapru vs Chitralekha Bakshi ( 2008(102)DRJ744) and Sushila Devi Bhaskar v. Ishwar Nager Cooperative House Building Society Ltd. and Ors. 45 (1991) DLT 318, the Delhi High Court has held that the nomination with a registered society in favor of a person cannot restrict the claim of the heirs of the deceased in accordance with law of succession governing them. Therefore, even with the son as the sole nominee, all the heirs of the deceased can have a calim over the said property, if the deceased died without a will. These heirs include his wife and his children or grandchildren. Any of these heir, in the absence of a will can make a claim to the property and stall the sale of the property. 

 

Research by - Saumya Kumar, Lawfarm 

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