Joint property & nominee's right
ADV-JEEVAN PATIL, MUMBAI
(Querist) 15 January 2014
This query is : Resolved
A & B are joint owners of the Housing Flat in Society. They kept their son C as Nominee. On the death of A, B (wife) applied for sole ownership of flat and replacement of name of son C to their daughter D.
Q. 1) Whether B(wife) can become sole owner of the flat.
2) Can she cancel nomination of son C and replace of daughter D.
3) Can Nominee C claim interest in the flat since A and B had kept C(son) as nominee.
4) Can legallity of D(subsequent nominee daughter D) be questioned.
Pl. answer
Solicit your answer
Simi Salooja
(Expert) 15 January 2014
Looks like I have read this query somewhere.
Adv Simi
Mumbai.
9967642220
T. Kalaiselvan, Advocate
(Expert) 15 January 2014
1) Whether B(wife) can become sole owner of the flat.
since B is the joint owner along with her husband, upon the death of her husband, apart from her 1/2 share in the property, she is entitled to a legitimate share out of her deceased husband's intestate share in the property equally as one of the legal heirs of her husband along with the other heirs.
2) Can she cancel nomination of son C and replace of daughter D.
Fresh nomination is her choice but restricted to her share alone, the previous nomination stands cancelled upon the death of one of the owner as the nominee is just a representative/trustee to the legal heirs of the deceased and he has no power beyond that even if his nomination is considered valid.
3) Can Nominee C claim interest in the flat since A and B had kept C(son) as nominee.
Answered above.
4) Can legality of D(subsequent nominee daughter D) be questioned.
Fresh nomination by B is restricted to her share in the property alone and not for entire property because she is not the sole owner of the entire property which was in the joint names.
V R SHROFF
(Expert) 16 January 2014
% OF SHARE WILL DIFFER..
V R SHROFF
(Expert) 16 January 2014
QUERY FROM :::::: ::::::PRACTICING LAWYER; PROMINANT CONSULTANT & RETAINER ; Vice President-Legal Cell; HANDLING: PROPERTY MATTERS; CONVEYANCE-HSG SOC.; DIVORCE & FAMILY MATTERS ; Stay,Eviction & Anticipatory Bail; RECOVERY: - Cheque Bouncing including DOCUMENTATION:- like : Franchise, Development, Property Agreements; MOUs ; Partnership Deeds; Will; POA; Gifts; Adoption deeds; Heir/Succession Certificates; etc. E-mail: jeevansci@yahoo.com, (M) 9869400938. (R) 022-28547515.
1) Whether B(wife) can become sole owner of the flat.
NO: ONLY HALF + HER SHARE OF 1/3RD AS LEGAL HEIR .
2) Can she cancel nomination of son C and replace of daughter D.
NO: AS SHE IS NOT ABSOLUTE OWNER.
3) Can Nominee C claim interest in the flat since A and B had kept C(son) as nominee.
YES: AS HE IS HEIR OF HIS FATHER.
4) Can legality of D(subsequent nominee daughter D) be questioned.
NO : AS SHE IS HEIR OF HIS FATHER.
% OF SHARE WILL DIFFER..
NOMINEE IS ONLY A CARE TAKER:
Advocate. Arunagiri
(Expert) 16 January 2014
The author has to clarify, why he is repeating the same query. Even if he needs clarification, he has to follow the same thread.
Rajendra K Goyal
(Expert) 16 January 2014
Agree with the Expert VR Shroff. Wife will own i/2 share + 1/3 share and others 1/3 share each.
ajay sethi
(Expert) 16 January 2014
repeated query
