Multiple nominees for single property
Querist :
Anonymous
(Querist) 26 October 2020
This query is : Resolved
My late father-in-law was owning a flat and is having 3 nominees. Out of 3 nominees, 2 nominees want to sale the flat, however third nominee is not cooperating and is remaining silent.
My query is, what is the way out in order to sale the flat in such situation?
Can the majority opinion prevail in such case?
SHIRISH PAWAR, 7738990900
(Expert) 26 October 2020
Hello,
You can make an offer to her for selling your share in the property. Another you can convince her for selling to a third party. Otherwise in my opinion practically you cannot do anything.
Querist :
Anonymous
(Querist) 26 October 2020
Sir, In fact 2 nominees are proposing to sell the flat to a third party, to which 3rd nominee is not responding.
Rajendra K Goyal
(Expert) 26 October 2020
Generally a nominee is trustee of the legal heirs of the property. Strange there are three nominees.
Nominee are not the absolute owner of the property, they are trustee, doubt regarding their authority / capacity to sell as nominee.
Isaac Gabriel
(Expert) 26 October 2020
Nominee here denotes share holders.Unlss the three concur, nothing could be done as it amounts to vilation.,Try to convince.Noother alternative.
J K Agrawal
(Expert) 26 October 2020
Get suit property partitioned by court.
mortgage your share to the buyer with condition to give possession of your part.
kavksatyanarayana
(Expert) 26 October 2020
A nominee is a trustee for the legal heirs. Nominees have no right on any property. You have mentioned that only 3 nominees are there. How many legal heirs are there? All the legal heirs have an equal share in the flat of your late father-in-law and so the other legal heirs can sell the flat for their shares leaving one share to the objected person.
Querist :
Anonymous
(Querist) 27 October 2020
Thank you for your valuable inputs.
Rajendra K Goyal
(Expert) 27 October 2020
You are welcome, may revert in case of further question on the query.
Hemant Agarwal
(Expert) 27 October 2020
NOMINEE DOES "NOT" BECOME OWNER OF FLAT:
https://chshelpforum.com/nomination-in-chs
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
P. Venu
(Expert) 27 October 2020
Nominees have no right to sell, only legal heirs can.
