intestate property, nominee n legal heirs

Querist : Anonymous (Querist) 24 October 2009 This query is : Resolved
hi
A died while the plot he paid for was not yet transferred to him.. the plot was registered in the name of the nominee(one of the legal heirs).. in such a kind of situation, what are the rights and status of both the the nominee and the other legal heirs in respect of the property.

kindly supplement the reply with decided case laws.

thnx :)

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Raj Kumar Makkad (Expert) 25 October 2009
There is no concept of Benami transaction in India so if a plot is registered in the name of a person, the amount of which was paid by his father, is no ground to treat such plot as open for all other nominees of person paying price of the plot. No reason for the interference by any other nominee of the deceased in the due ownership of the plot.

adv. rajeev ( rajoo ) (Expert) 25 October 2009
In whose name sale deed is executed, he will be treated as owner of the property. No question of legal heirs.
If other legal heirs wants challenge it burden lies on them to prove that decesed A had purchased the property in the name of the nominee.
Other legal heirs have no rights over the property.

Adv Archana Deshmukh (Expert) 25 October 2009
I go with the opinion of rajeev ji.

Adinath@Avinash Patil (Expert) 25 October 2009
I AGREED WITH RAJ

Sachin Bhatia (Expert) 25 October 2009
There is no concept of Benami transaction in India, In whose name sale deed is executed, he will be treated as owner of the property.

niranjan (Expert) 25 October 2009
All the opinions above are the same and I agree with them

Jithendra.H.J (Expert) 26 October 2009
if there is any proof that the the person in whose name now the property is standing is just the nominee, other heirs are having right,

and i agree with Rajeev

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