Nomination

Percentage in nomination and sharing of sale proceed percentage are two different connotations, which are independant to each other and not corelated.

Be clear in facts and question.

Dear Sir, 

thanks for your reply. 

the nomination in a property( flat) lists 4 names with varying % such as 50%, 30%, 10%,10%. 
what is the meaning of this ?

thanks 

Please post the complete facts. What is the context for the nomination? Any how, such percentages are quite meaningless as the nominee(s) is/are only holding the property in trust.

Nominee of a property is an agent of successors / LRs of deceased. Nominee acts as cutodian of the property till it is decided by Court or meets and bounds/ partitioned / compromised for holding their respective share.

Nominee  can not be registered in percent as stated by you.

Dear Sir, 

thanks for your reply. 
to give you the complete picture - 

the flat owner( currently alive) has put the following  as nominations for the flat.( in mumbai)
son A 50%
son B 30%
daughter C 10%
daughter D 10% 

what exactly this means ?

is this the ratio in which sale proceeds is to be distributed after flat owner s death. All these sons and daughters are the legal heirs as well. 
 

if the above ratio is not meant for distribution of sales proceeds than what is the purpose of mentioning such ratios by flat owner. 
 

does this mean that after the death of the flat owner, society has to enter these 4 ( sons and daughters) as new owners of the flat and issue the share certificate accordingly. 
 

also - to give you further background- flat was owned by husband who died in 1973. It is not clear if husband had made the will or not. But society at that time transferred the flat ownership to wife ( current owner) and whose sons and daughters names are mentioned in the nomination by her as explained above. 
is the wife ( current owner) the only owner of this flat. ? Since all children were minors at the time of husband(1973), wife inherited the flat ownership in 1973 and so it is not paid from her own money.so can the sons and daughters stake ownership if their mother( current owner) refuses to allow anyone of them to enter the flat or ask any of the son to leave. what rights are available for such a son to claim joint owner as well since the property belonged to deceased father and not mother  

please advice  

@ Chetan,

As stated by you flat owner died in 1973 and Society transferred ownership rights to his widow, whereas, society has no authority to transfer title (Ownership) to one of the LRs of deceased. She is not the sole titleholder (owner) of the flat and cannot nominate her children for the flat.

Again you may try to understand the preposition of law that nomination and ownership are altogather different issues, nomination can not be registered as stated by you. 

You may approach a local prudent lawyer with documents for analyses and professional guidance.

It is worthless to drag this thread.

The question of the title to the flat needs to be understood independant of the the Society's alleged action transferring the ownership(?) to the wife od the deceased owner  and the subsequent nomination made by her.

The first question whether the original owner had made a Will (i.e. without making a Will) .If he had died intestate, the property has been jointly vested with the wife and children. Such being the case, the Society's action in tranferring the property to the wife of the deceased is of no consequence. The property continues to vest jointly with all of the them.

In case he had made Will in facour of the wife, the property is vested with her and the children presently has no right, title or interest in the property. They have only a prospective right to inherit, if the property is left intestate.

 In either case the nomination is no consequence. Of course she can make a Will, or othewise settle or otherwise her share (the whole in the latter case) in the property at her discretion during her lifetime.