Change of name.
Gul Thadani
(Querist) 14 February 2010
This query is : Resolved
Dear Mr Makkad,
I had spoken to the secretary of our society he is saying that my uncle who is the first nominee is the owner now.
Again i am describing the same
The Ownership was on My grandmother she died so according to her will the name got transfered on two anties.
Ms Ganga and second on Ms Dhami and the nominee was my uncle.
So what the secretary say in the event of death of My ms ganga aunty the nominee name is automatically goes ih her place.
When my dad was alive and also my aunt Ms dhami they didnt change the name as saying the nominee my uncle also sign the document. I am really confuse what to do as they are saying he has all the right on the property and society doesnt need to see any will which is family matter. Please advise
adv. rajeev ( rajoo )
(Expert) 14 February 2010
Nominee cannot become the owner,he has to discharge his duty only.
Two aunties are entittled to the property of deceased grandmother on the basis of the will.
Your uncle cannot claim the tittle over the property of deceased grandmother being a nominee.
If your uncle claims the right over the property then your aunties will have to file a suit for declaration on the basis of the will.
Raj Kumar Makkad
(Expert) 14 February 2010
You go to civil court as advised by me and seek ownership rights in proportion to other legal heirs of your grandmother. Let them bring will. In case of ancestral property, will can not be made and such property is duly inherited by all legal heirs in equal share. So challenge the order of society even,
