Society house nomination in me, can I sell it without consents of other heirs?

[Anonymous]

My father had nominated my name for his house in the cooperative housing society. I am the elder son and have a younger brother and a sister and my mother is not alive. Now after father’s death, this house has been transferred in my name in society records as per above nomination made by my father in my name. Can I sell this house which is now in my name, without taking consent of my brother and sister?

[Dr. Ashok Dhamija]

Nomination is basically for convenience so that the property could be transferred to the nominated person at the earliest, who basically has to act as a caretaker of the property on behalf of the successors of the deceased person. But the actual succession is governed either by testamentary succession (i.e., by will made, if any) or in its absence by the intestate succession (i.e., as per the rules of succession when no will has been made).

So you will have to check if any will has been made by your father. If yes, the property will have to be disposed of in accordance with the will of your father. In case no such will has been made by your father, then this property will be equally shared by the three of you, i.e., you, your brother and your sister.

So, you may not be in a position to sell this property alone without the consent of the successors, as mentioned above.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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