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Querist : Anonymous (Querist) 26 November 2009 This query is : Resolved
I HAD A FLAT JOINTLY WITH MY UNCLE AUNT AND MYSELF ( IN THIS ORDER )

BOTH UNCLE AND AUNT EXPIRED.BY WAY OF A NOMINATION FILED THE SOCIETY HAS DELETED THE NAME OF THE FIRST TWO I.E UNCLE AND AUNT AND ADDED NAME OF THE NOMINEE.I NOW BECOME THE SECOND HOLDER.

IS THIS LEGALLY COREECT. CAN THE NOMINEES NAME COME AFTER MY NAME

PLEASE ADVICE.KINDLY REPLY TO MY EMAIL ADDRESS

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adv. rajeev ( rajoo ) (Expert) 26 November 2009
It doesn't make any difference whether nominee name appears first or second. u have got equal share .

A V Vishal (Expert) 26 November 2009
Most people in India believe that nominee is rightful person to receive and keep money. But the position in law is otherwise.

The position of the nominee was finally settled by the Supreme Court in the case of Sarbati Devi Vs. Usha Devi (AIR 1984, SC-346).

Nomination and the Societies Flats The legal position of a nominee remains the same under the property law. After Sarbati Devi's case (AIR 1984 SC -346) the law is clear on the principle that the nominee is a mere trustee with whom the Society can initially or prima facie deal. And after the death of a member, all the heirs of whom a share in the said Society has been bequeathed, will have the right to succession to the property and the nominee cannot exclude the heirs. If Society rules permit, make wife as co-allottee and - or nominee in the Society flats and make and register the Will in spouse's favour. DDA LdDO/MCD/Municipalities insist for Registered Will for mutation.

The rightful claimants to the sum under a policy or scheme or the share in the property as the case may, are the LEGAL HEIRS OF THE DECEASED, AND NOT THE NOMINEES.

Sachin Bhatia (Expert) 26 November 2009
agree with Mr.Vishal

Poonam Upadhyay pathak (Expert) 26 November 2009
I agree with Vishal Sir.

Raj Kumar Makkad (Expert) 26 November 2009
Mr. Vishal, Sachin and Poonam! The quarry is confined on other subject. The quariest just want to ask whether the name of the nominee appearing in the society register prior to his name is correct and in my view its best answer can be "There is no effect whose name appears first and whose second. The matter is share of the joint holders and not the sequence".

Gulshan Tanwar (Expert) 18 July 2010
:)

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