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I am a self-acquired flat owner of a flat in Mumbai's suburban area, acquired through a gift deed from my father, who was previously the self-acquired flat owner of the same flat. Can I (a self-acquired owner via gift deed) cancel the nomination of my flat to bequeath it to a charitable trust? Is there any clause in the co-op society's act that stops me from taking such an action? As a self-acquired flat owner in Mumbai, is an NOC mandatory to cancel the nomination before bequeathing the flat to charitable trusts?
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.