ajay (Nil) 30 June 2021
If one member passed away in Oct 2019 and second owner passed away in 2021, but 1st owner made nomination and made a will also in the favour of the children and second owner did not made any will or nomination, how can their son and daughter can claim the flat???
Dr J C Vashista (Advocate) 01 July 2021
The successors of both the owners shall have their share as prescribed in the sale / purchase transaction.
Nominee is just a custodian of the property till it is (legally) devolved upon legal representative of deceased.
G.L.N. Prasad (Retired employee.) 01 July 2021
Nominee in case of flat is more to protect society from litigation in family disputes. The nominee is responsible for maintenance and has a right to get membership in society member, but he is only a Trustee for other legal heirs of both the intestate owners.
P. Venu (Advocate) 01 July 2021
Who are this first owner and second owner? Please post complete facts?
T. Kalaiselvan, Advocate (Advocate) 02 July 2021
The legal heirs/beneficiaries of the Will written by the first owner in respect of his share in the property are eligible to inherit/acquire his share in the property equally among themselves
The share of the other deceased owner shall devolve equally on his own legal heirs upon his intestate death as per the governing laws of inheritance.
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