Nomination
Azimurrrehman Ansari
(Querist) 25 December 2013
This query is : Resolved
We have a flat in Mumbai. It is in th ejoint name of Wife and myself. Wife is first owner and I am second joint holder. There is dispute going on between her and me. Can she fill the nomination forms and nominate according to her wish without the consent and signature of the second joint holder.The same has been accepted by the society and they did not inform to me about this. Please help.
Ansari
9967594946
Devajyoti Barman
(Expert) 25 December 2013
Mere addition or deletion of nomination of either of the joint owners shall not relinquish his/her share in the property.
Anyway if you apprehend any such mischief you can always let the society know about your ongoing dispute with her.
Adv. Chandrasekhar
(Expert) 26 December 2013
First, both of you have equal rights on the property. She can nominate,will or gift her share of property and does not require the co/owner's permission. Note that, just nomination does not divest the legal heir's right.
V R SHROFF
(Expert) 26 December 2013
you file another nomination for ur share.
ajay sethi
(Expert) 26 December 2013
wife does not need your consent for nomination as she is 50%owner of flat . as
since you are 50%owner of flat you can submit your nomination s too . please note nominee is only a trustee for legal heirs .
Rajendra K Goyal
(Expert) 26 December 2013
Agree with the experts, wife can file nomination for her share and you can file yours.
T. Kalaiselvan, Advocate
(Expert) 26 December 2013
Yes she has got a right to choose her own way to dispose her property the way she desires so, you cannot interfere in her rights.
