Flat nominee vs legal heir
Nina
(Querist) 04 April 2014
This query is : Resolved
My father owned a flat in Mumbai, in a co-operative housing society, and passed away without a will. My mother is deceased. My sibling and I are the inheritors of this property.
My sibling was the nominee and after my father's demise the share certificate for the flat was transferred to her name. My sibling currently resides in this flat while I do not. On account of being a legal heir (entitled to 50%) of the property do I still have a right to this property. I read somewhere that as per laws in Maharashtra the nominee inherits the property and not the legal heirs. Is this true? Please advise. Also, do I have any legal recourse?
Devajyoti Barman
(Expert) 04 April 2014
You are still a half share holder of the property and can ask the society to grant share certificate in your name also. If it refuses to do so then you can file suit for partition.
Rajendra K Goyal
(Expert) 04 April 2014
you are entitled for half share of the property, file suit for partition against the sibling and make society as party.
ajay sethi
(Expert) 04 April 2014
nominee is only trustee for legal heirs . you have 50%share in said flat . file suit for partition
Kumar Doab
(Expert) 04 April 2014
This query is also posted at:
http://www.lawyersclubindia.com/forum/Flat-nominee-vs-legal-heir-100243.asp#.Uz6LKEeBmXU
