Intestate deceased property
namdev kadam
(Querist) 02 August 2014
This query is : Resolved
Sir, my wife's younger brother expired intestate in 2001. He has one flat in Mumbai (self purchased property).Now my wife's sister is staying there as nominee.As a class II heir is it possible to my wife get share in flat
(as title of right)? There are two sisters including my wife and one elder brother(surviving).They are not ready to recognised my wife right any where in deceased brother's property.What to do to get her right.
ROHIT SHARMA
(Expert) 02 August 2014
1. If she has was made a nominee and she is living in that premises then this devolves upon her legal ownership of the flat.
2.Making her a nominee is like a Will and this make such sister the legal beneficiary.
3. The other sister and brother therefore will not able to litigate about the succession ship.
Vidhi Joshi
(Expert) 02 August 2014
agree with mr. rohit.
Raj Kumar Makkad
(Expert) 02 August 2014
I completely differ with the opinion of Rohit Sharma.
A nominee is not like a will as per Hindu Succession Act and even under Transfer of Property Act.
The property of unmarried deceased shall definitely go to his mother being 1st class legal heir and if she is already expired then the succession shall go to 2nd class heirs including your wife.
A nominee can only ensure the division of the property as per succession act.
namdev kadam
(Querist) 02 August 2014
Thanks,I confused hence want to explain that nominee is as per mah coop soc bye law 32 ,further decease is unmarried,no father,mother alive ,_survival heirs are brother and sisters(total three),further I read somewhere that in hsg soc nominee is only trustee and not owner.
