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Abhineet Arora (-)     17 August 2011

Who is the rightful owner?

Dear All,

my father has 2 houses, one on joine name with my mother and one on his own name. He has made my elder brother as the nominee not even my mother

what i want to ask is, do my mom has any rights to get in the house 



Learning

 2 Replies

Ashwin Kumar Ballari (PVT)     17 August 2011

 

Mr Abhineet

Until  you father make a will and in that he mentions that  his elder  son is  legal heir  for the  house property you need not worry.

According to law, a nominee is a trustee not the owner of the assets. In

other words, he is only a caretaker of your assets. The nominee will only

hold your money/asset as a trustee and will be legally bound to transfer it

to the legal heirs. For most investments, a legal heir is entitled to the

deceased’s assets. For instance, Section 39 of the Insurance Act says the

appointed nominee will be paid, though he may not be the legal heir. The

nominee, in turn, is supposed to hold the proceeds in trust and the legal

heir can claim the money.

A legal heir will be the one whose is mentioned in the will.

Abhineet Arora (-)     21 August 2011

Dear Sir,

if my brother is mentioned in the will, then do i have any right to oppose the will and take my part in the will


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