Regarding house

Pradeep (Querist) 26 September 2012 This query is : Resolved
Respected Sir,
I bought a house with money transferred to my account from my father's account on account of my being nominee to his account 7 years back after his death. Now my brother has occupied the house 6 and 1/2 years back and he is saying that he would not vacate the house giving the reason that I bought the house with father's money. I being nominee I had only custodial rights on that money and so I don't have title over the house bought with such money. Is his argument valid? Kindly throw light on this.

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Guest (Expert) 26 September 2012
Dear Pradeep,

Any nomination simply authorises a nominee to withdraw money from the account of a deceased without going through the rigours of legal comlicacies to prove legal heirship or entitlement to that money. But, the said nomination doesn't bestow the status of a legal heirship and a right on the enominee to keep or spend the whole of money without distribution of due shares amongst the legal heirs of the deceased under the provisions of the Hindu Succession Act or otherwise, if specifically provided in a will made by the deceased for that purpose.

So, you may have to check if there is a will made by your father in your favour during his life time or whether any other heir is also entitled to any share out of that money under the Hindu Succession Act. Naturally, if there is no will in your favour, the argument of your brother becomes valid.

prabhakar singh (Expert) 29 September 2012
If the sale deed is in your favor alone ONLY YOU AND NOT ANY BODY ELSE IS OWNER OF THE HOUSE IRRESPECTIVE OF SOURCE OF CONSIDERATION.

However you are bound to pay and account for money received as nominee to all heirs of your father as per law.

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