can nominee make further nomination
venugopal nayak
(Querist) 02 October 2017
This query is : Resolved
Hi...my father died intestate ...flat was transmitted in mother's name by virtue of nomination done by father ...after many years we came to know she has done further nomination ...society members say it was done by mistake..now she is no more ..but nominee's are claiming membership ...they are also my brothers ..please enlighten as all this was done behind our back...
Vijay Raj Mahajan
(Expert) 02 October 2017
The property was already transferred in the name of mother and if she nominated name of someone than what's wrong. Anyhow nominatation by itself doesn't make the person owner unless there is a Will made in the name of the same nominated person.
Property left intestate without testamentary document of the deceased shall goes to heirs of the deceased person.
Nomination is just process to secure the nominee to take over the property and secure it to the legal heirs of the deceased to enjoy it.
Mother chose your brother as nominee doesn't make him sole owner unless she wrote any Will to this regard. You all heirs of mother are now joint owner of the property.
Rajendra K Goyal
(Expert) 02 October 2017
Well advised, agree with the expert Vijay Raj Mahajan.
Guest
(Expert) 02 October 2017
Mr. Venugopal Nayak,
Your question is not clear, whether your question is about the claim of your brothers for transfer of property of your mother or merely the her membership of the society in their names? Both are two different events.
Kumar Doab
(Expert) 02 October 2017
Your query is clear.
Society has accepted that it was done by mistake.
Kumar Doab
(Expert) 02 October 2017
Nominee renominated and that is erroneous and that is your grudge and that is the lapse, transgression society has accepted.
Kumar Doab
(Expert) 02 October 2017
Similar queries have been discussed in many threads at LCI and you can always you can ‘SEARCH’ in ‘SEARCH’ option on middle of right hand side of this web page in Experts section and in ‘SEARCH’ option on bottom of right hand side of the web page in Form section…………….
You can also ‘SEARCH in other sections e.g; Articles, Judgments, Files………… posted by Experts and download even citations, judgments, procedures etc etc
………
e.g;
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
Analysis on - Nomination in housing society
4(g),5,7,11
Kumar Doab
(Expert) 02 October 2017
Mr. Vijay Raj Mahajan and Mr. Rajendra K Goyal have also advised you appropriately.
Rest 4th post in the thread is good for nothing, as usual.
The succession per applicable personal laws has set in.
Hemant Agarwal
(Expert) 03 October 2017
FOR Transfer /Sale /Purchase of a "Nominee" property, kindly prefer to read the following link, for answers to most of your questions:
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 03 October 2017
Dear LCI Querist @ Mr. Venugopal Nayak
Your query has been resolved with precise and concise advise from LCI Experts Shri Vijay Raj Mahajan, Shri Rajendra K Goyal, Shri Kumar Doab, Shri Hemant Agarwal.
P. Venu
(Expert) 03 October 2017
The property, on the father's death, has been vested with his legal heirs viz. mother and the children. On the subsequent death of the mother the property is jointly vested with the children. Your brother, as the nominee, is in possession of the property as trustee on behalf of all the joint holders.
Guest
(Expert) 03 October 2017
@ Mr. Venugopal Nayak,
Do not your feel that you are being compelled to agree with the decision of Mr. Kumar Doab (unreal name & ID) that your query has been resolved, may you feel that the same has not yet been resolved to your satisfaction.
Mr. Kumar Doab has stated, "your query has been resolved with precise advice from LCI Experts Shri Vijay Raj Mahajan, Shri Rajendra K Goyal, Self acclaimed (Shri) Kumar Doab, Shri Hemant Agarwa."
Whereas the position is that Kumar Doab made 4 vague and sidetracking posts (not solution to the problem), Rajendra K Goyal dis not render any advice, and Shri Hemant Agarwal appeared just to make advertisement of his own website, like a property dealer, not as an expert. Further, as regards advice of Shri Vijay Raj Mahajan, cloud is required to be cleared about will in addition to nomination of the same person and also to be made clear which section of which Act prescribes that "nomination is just process to secure the nominee to take over the property and secure it to the heirs of the deceased to enjoy."
Virtually, while your query cannot be treated as resolved, but you are being compelled to accept the forced decision of Mr. Kumar Doab (unreal name) and a fake expert, to accept as if resolved.
Guest
(Expert) 03 October 2017
I differ with the opinion of Mr. P. Venu also, as no such section exists, which specifies that nominee is a trustee on behalf of all the joint holders. The matter can be decided only by the court whether the nominee is the beneficiary of the property or merely a trustee and under which law.
Guest
(Expert) 03 October 2017
Definitely there is strong point in the analytical opinion of Mr. Jigyasu. I also raised this point nomination v/s will at several occasions, but no expert could produce any convincing proof in support of their contentions.
I endorse the opinion of Mr. Jigyasu. However, the experts may like to clear the doubt on support of legal provisions of statutes, if they are firm on their opinion.
Guest
(Expert) 03 October 2017
@Shri Venugopal Nayak,
You may have to discuss in detail with some real expert in property laws at your place. You were tried to be misguided by Mr. Kumar Doab (a fake expert), including his two close associates.
Guest
(Expert) 04 October 2017
Your case is not that of nomination from one nominee to another nominee, but a case of nomination from the owner of the property in whose name the property has already been transmitted. Society members are wrong to say that the transmission was done by mistake. The society management was bound to transfer the property to the name of the nominee. If there was any objection, it was between the heirs to get the case settled legally with your mother, even if transmitted by mistake to your mother's name. Similarly, now it is for you also to get the case settled through court of law, if you have any objection. Society cannot deny transmission of property to the name of the nominee. They don't enjoy any judiciary power to settle the case as per their own whims & fancy by ignoring nomination, if made by your mother.
Guest
(Expert) 04 October 2017
Mr. Dhingra,
Thanks for your agreement with my viewpoints and analytical opinion.
I am also of the same opinion, as expressed by you in your last post.
