VM (pqr) 19 April 2010

Transfer of Residential Flat thru Nomination

Dear Sirs,

After the demise of my father in 2000, we are two real brothers left behind having a dispute over the flat bought by my father in his own money. I was made the sole nominee in the flat and accordningly the society made the transfer in my name.

Now my younger brother is asking for his share of 50% in the said flat. I don't know how he should ask about any share. The whole property was taken care by me since 1998, I am paying the dues of the soicety on behalf of my father.

He is going to file a case against me, the details are not known to me. What steps should I take to prevent him from doing any harm to me and to my possesion.

Pls advice any remedy if available to retain my rights over the flat. Do I need to compusorily give away the rights to him of 50% as claimed by him

Thanks in advance for this help.

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3 Replies

R.R. KRISHNAA (Legal Manager) 19 April 2010

I suppose my reply here may upset you. Legally nomination merely confers the right to hold the property in the absence of the owner(your father).

Nomination does not give anyone the full right over the property. This has been held by courts time and again. Once the legal heirs claim the property it is duty of the nominee to handover the property to the legal heirs. In your case your brother and you are entitled to half share each both being the legal heirs of your father.

Your brother is right in claiming 50%.

bhagwat patil (Property due diligence 9422773303) 21 April 2010

your brother is right.he is liable to get 50% share.whatever chareges u have paid and the expences u can claim on him.

V. VASUDEVAN (LEGAL COUNSEL) 27 April 2010

Krishna is absolutely right. In case you had spent maintenance and other expenses for the Flat and other expenses relating to your father's ceremonies etc., you may adjust the same (if it is substantial amount worth raising as an issue) before distribution of the 50% shares. Also other heirs of your father (your mother and sisters, if any) are entitled for proportionate share.

vasudevan