Nominees - who is the deciding authority

Akshay Kumar (Querist) 11 August 2015 This query is : Resolved
Sir,
My parents had a flat ( primary owner was my father & secondary my mother ) which was sold and then this flat was sold as a out of court settlement in a divorce case..A new flat was bought on the name of my mother..She is the sole registered owner..Something has gone terribly wrong and now the below questions are haunting. My father is a central govt employee.

- Can my mother not nominate the nominees independently ?
- Can my father still get the property even if the nominees of the new flat is someone else?
-How can we eradicate the possibility of my father's intervention in deciding the nominees?

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Guest (Expert) 11 August 2015
Vague questions in the absence of discussion of any specific problem and what specific thing has gone terribly wrong on account of which your questions have arisen

Kumar Doab (Expert) 11 August 2015
Agreed that you should have explained the facts.

If lady is the sole owner and has bought with her own funds then it should be her self acquired property then she can nominate anyone.

Nomination in society flats is not parallel route to succession.

If she is divorced from husband then husband has no stake in her estate.

Otherwise too she cal leave a valid and registered WILL or Gift/transfer/relinquish/sell/mortgage her property to anyone in her life time.

Advocate Bhartesh goyal (Expert) 11 August 2015
I completely agree with Mr Kumar Doab.

Akshay Kumar (Querist) 11 August 2015
Well, family issues have gone bad amongst the children and the father and the situation now is that the father dsnt want to nominate the children whereas the mother wants to do it. Both the children are grown up adults.
While this transaction of being undertaken , it was highlighted in discussions that this house is a "gift" from the father to the mother in lieu of nothing. Its is father's money completely using which both the flats here have been bought and sold. The mother is just a home maker. She is not divorced from him as they have withdrawn their initially filed appeal for filing a divorce by submitting an application.

Kumar Doab (Expert) 11 August 2015
Certainly you should have explained the facts in your 1st post that was posted just 4 hours ago.....................in which you have mentioned "then this flat was sold as a out of court settlement in a divorce case..'

In your 2nd post just 1 hour ago you have mentioned that "She is not divorced from him as they have withdrawn their initially filed appeal for filing a divorce by submitting an application. "

In 1st flat that was sold your mother had 50% share.

In 2nd flat that was bought your mother has 100% share.

The gift to a hindu married woman is her streedhan.

In any case her right to nominate has been explained.

Online discussion has its own limitations.

There might be many things that have relevance. Hence you may prefer to consult an able lawyer specializing in family/property/revenue/civil matters in person.

ADV-JEEVAN PATIL, MUMBAI (Expert) 11 August 2015
I alao compleyely agree with Doab

Rajendra K Goyal (Expert) 12 August 2015
Agree with the expert Kumar Doab.

Akshay Kumar (Querist) 12 August 2015
Both are true things..I am neither intending to waste mine or your time by sharing different things in 1/4 hours as highlighted above.. Its completely father's money as mother is a house maker. This house has been gifted to her..probably used incorrect terms..things are normal between them but they have different opinions on who should legally get this flat after them..father is not willing to give it to 2 sons where as mother wants to..what do you mean by her right to nominate has been explained. I dint get it anywhere or its is vaguely described..they have not divorced each other legally.

Guest (Expert) 12 August 2015
Mr. Akshay,

The person in whose name the registered deed exists is the deciding authority, none else.

Akshay Kumar (Querist) 12 August 2015
Thank you Mr Dhingra.

Nominees - who is the deciding authority

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