Flat on my name after father's death

My father expired in 2001 and he nominated my brother for the flat. I had read bye-laws of hsg co op society in which it is mentioned that nominee is only trusty. I have not given any NOC to my brother. I had written to society and after no response I had written to dy registrar of hsg co op society Banadra. Dy registrar rejected my application.Please guide any other lagal options to add my name in my father's flat.

Answers (1)

133 votes
Being a nominee does not entitle someone for the right in the property, as nomination does not give the right away. As you rightly said the nominee is only a trustee. What you need to do is talk to your brother and apply for joint membership in the Hsg. society. You being the legal heir of your father have one equal share with any other heirs. If your brother is not willing to give the share in your father's property your remedy is to approach a civil court and file a suit for partition. Shares and membership in the Hsg. Society can be transferred only with the consent of all the legal heirs. The procedure as you know is by applying for the membership as per the society bye laws in the prescribed format, by obtaining NOC from all legal heirs. In your case if you and your brother alone are the legal heirs, you need his NOC to get the membership and shares transferred in your name.

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