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Purchasing a property acquired through nomination
25-Jan-2023 (In Property Law)
I am considering purchasing a property - the property was bought by A who nominated his daughter in law B in the society and after A's death, the society transferred the share certificate to B.
Now I am considering purchasing this property from B. Can I go ahead with the purchase directly with B or will B need to get clearance from A's other legal heirs?
Nomination is not a legal and valid transfer of ownership of any property.
The person now incharge of the property currently has to obtain a release deed from the legal heirs of the owner of the property
The person now incharge of the property currently has to obtain a release deed from the legal heirs of the owner of the property
Helpful?
Adv. Garima Anil Mehrotra
Mumbai | 500+ Answers
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You can’t. There’s a defect in the flow of title. Ask him/her to get a a letters of administration or succession certificate from court. Based on the LoA or SC, a transfer deed will have to be executed and registered. Otherwise even after you purchase any legal heir can come forward and file a case for cancellation of your agreement.
Helpful?
Adv. Rishikesh Gherade
Mumbai | 100+ Answers
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