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I am a self-acquired flat owner in a co-op society in Mumbai, having acquired the flat through a gift deed from my father, who had originally self-acquired the flat with his own funds. As a self-acquired flat owner, I have nominated a person. I am interested in bequeathing my flat to a charitable trust through a drafted will in the future. If I cancel the nomination, can the society stop me from taking such an action? Are there any by-laws of the society that would prevent me from taking this action? Is an NOC required to cancel the nomination and bequeath the flat to a charitable trust via a registered will?
As a self-acquired flat owner, you have the right to cancel your nomination and bequeath the flat to a charitable trust through a will. The society cannot stop you from doing so if your nomination is legally cancelled. Typically, no NOC is required for this action unless specified by the society’s by-laws, which usually are not restrictive. For further legal assistance contact us on our helpline number.