Clarification on nominees name added in share certificate

601 votes

As mentioned first line flat is in joint names of wife and husband(if not mentioned it is understood 50% ratio of each) now as Husband expired in the year 2012. so the society should have been deleted the name of husband and wife name should have been mentioned only on share certificate as wife is co-owner of the flat.
now if the society have already endorsed 2 nominees name on reverse of share certificate as nominee, when the co-owner is alive nominee do not have any right in the share/property/flat till owner (co-owner is alive) the society in fact should not have to mention the 2 nomiees name in share certificate, nomination(nominee) name can be anytime withdrawn as nominee-big mistake society did-what if the nomiee changed? nominee expired? nominee can not act by virtue of whatsoever any reason?. in stead of that society can mention the names of nominee in the nomination register, nomination file.right now wife is the sole owner of the flat till she dies after her death only question arises what to do next.
whether the society has asked family tree of husband and wife? whether 2 nominees are the only heirs of husband and wife?
In nut shell, nominee can not harass the society to transfer the share certificate in his sole name, because nominee do not have any locus standi to ask for or to speak/communicate with the society, for further clarification documents need to be check.

Advocate Darshan Modi LawRato

971 votes

First thing, only if the nomination form was submitted by the owners of the flat, society can insert the name of the nominees at the back of the share certificate in place of the deceased person by inserting the word "Nominee" and if nomination form was not submitted then Society cannot enter anyones name as Nominee. Further, Society cannot remove the name of Wife from the share certificate unless she is alive or she transfers her rights over the property.

Advocate Bankim Mehta LawRato