Transfer of property
Dinesh
(Querist) 10 October 2014
This query is : Resolved
My aunty and uncle were co-owners in one property in Maharashtra. My uncle has expired. He have two sons, Mother and wife. In the nomination process my aunt and uncle have nominated their sons. I want to know who would get my uncle's 50 percent property share?
My uncle did not have a will. Please respond immediately.
malipeddi jaggarao
(Expert) 11 October 2014
Though sons are nominated, the nomination will not pass on the title to the property. The nominees should act like trustees in settling the inheritance after demise of the persons by whom they are nominated. Hence as regards 50% share of the deceased, all the legal heirs have the right to claim the property.
Rajendra K Goyal
(Expert) 11 October 2014
Both sons as nominee can get the property transferred in their name. They should transfer the share of mother and wife of uncle.
Dinesh
(Querist) 11 October 2014
Sir few more questions:
1.My aunt who currently has 50 percent holding wanna become full owner. Is it possible? My aunt sons are still minors
2. If legal heirs are not asking der share den d nominees can get 25 percent each kya?
Anish Thakur 7018812737
(Expert) 12 October 2014
The nominee sons will get your uncles shares in equal shares and if the nominee are minor even then also they will get the share and their parent can look after their share bing gaurdian but cant not transfer and sell the said property without getting permission from the court.No your aunt can not get full share as nominees are still minor however when nominees becom major they can transfr to any one.
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
In this case your uncle has left behind four people as his legal heirs to succeed to his intestate property. As expert Anish Thakurji rightly observed, you aunt can act as guardian to the minor share holders (sons) till they attain the age of majority and subsequently wit their consent she can get their shares transferred on her name, however your uncle's mother can relinquish her right and share in the property now itself by executing a registered release deed in favor of your aunt.
