FACTS

1) I hold a flat in mumbai since last 30 years. The share certificate of the flat
shows holders as - Kunj bihari AND brij bihari (myself). both holders have paid in
equal towards the flat purchase.
2) the current status is that I (brij bihari) alone reside in the flat with my family
and i am in its complete possession. where as kunj bihari has been living
elsewhere since last 15 years.
3) Each of us pay 50% of the maintenance bills to the society. but i alone pay the
electricity bills.
Questions:
1) the share certificate states kunj bihari AND brij bihari (myself). i am not
specifically stated as the second holder. it is obvious that two peoples name
cannot be written as first and hence one name would preceed the other -- is it
fair on my society's part to even state that i am the second holder?? the society
has been saying i am the second holder on the flat and that they recognise only
the first holder (i.e. kunj bihari). if i am the second holder, please could you tell
me my rights and the first holders rights.(which act or book should i read to
understand my rights clearly)
2) do i have nomination rights for my 50% of the flat holding?
3) Can kunj bihari at all make a nomination of 100% of the flat in favour of his
son, eventhough he has contributed and owner of only half the flat.
3) i am given to understand that it is mandatory (by law) for kunj bihari to mark
me as a nominee on the flat? is this correct?
4)can i (brij bihari) stand for society elections and have voting rights? can i
attend society agm?

This property has two co-owners and since their share in the property not defined hence they
will be considered holding equal share (50% each) in the property.
The husband first holder of the property can transfer only his half share in the property to his
wife as gift during his lifetime, otherwise can make a Will with regard to his share in the
property in favour of his wife.
To name nominee is a formality to receive the property on behalf of the legal heir in the event
of death of the current owners of the property, as itself doesn't give any legal right in the
property to the nominee unless such nominee is otherwise legal Heir of the owners of the
property.
Wife is nominee as well one of the legal heir of the husband but she can be only nominee of

the mother in law's share in the property not her legal heir during the lifetime of of her
husband.

Source(s):
I am a Lawyer.

Answers (1)
1. Society transfers the ownership rights in the name of the nominee, but he is not the legal
owner of the flat, he is only care-taker. 2. Second (joint) holder is not automatically owner of
the property in case of death of first owner. He/she can have rights of its shares as per the
agreement made at the time of purchase of the property and/or its investment part. 3. The
legal heirs of the First owner have equal rights over the % of shares of the property, unless
the WILL declares otherwise.
Answered by: Dhirajlal Rambhia (Counselor) Posted On : 16/06/2011 - 10:00:14 AM