Questions on nominee and their rights

A nominee is only a trustee on behalf of the legal heirs. However, in the given facts, your query is premature.

Also, instead of keeping things in a limbo, why you and your wife take a definite decision as to your subsisiting but, admittedly, broken down martital relationship?

Nominee under such circumstances is just a trustee to receive the property on behalf of the legal heirs and they have to disburse them to the legal heirs accordingly hence your property is safe

Thank you so much Kalaiselvan Sir for the reassurance. Incase if the Nominee tries to occupy the flat or tries to register 50% of the share, can I file a suit to get back the Property Posession completely under my Ownership?

Yes, nominee is only trustee of deceased property and he can't legally retain the property he has to disbursed the properties to legal heirs of deceased. Since you will be also a legal heir of your wife so will get share in  property.in case your wife's  sad demise you can claim your share in properties of your deceased wife as legal heir .

In which State are you? Is it a co-operative housing society? If you are in Maharashtra and if it is a co-operative housing society the situation is like this. If the names of both of you are in the share certificate the one whose name stands first is knowm as Member and the second one as Associate Member. Only a member can make nomination. But if the property is beneficially held by both, the Associate Member can object to such unilateral nomination. You can write to the Society objecting to such nomination. if she has nominated someone else and it remained thus without any objection and without any change things will be as follows. If she dies the Society can tranfer the flat to the nominee in the first instance. If no objections were raised the nominee can continue to possess and enjoy the property. You can dispute the transfer. But you may have to go to court. If you are not in Maharashtra and it is not a co-operative society still the situation may be mutatis, mutantis the same.

Nominee is not the real owner of the property are High Court and Supreme Court judgements and not any legislation passed by any legislature. I understand that of late a Supreme Court judgment has upturned all the previous judgments and restored the right of the nominee.

Thank you. I am from Karnataka. I am the Primary borrower from the bank and the Primary Owner of my Flat. My wife is the co-borrower and the co-owner of this property.

I have follow up querries in continuation to my problem stated above

1. Incase if the Nominee tries to occupy the flat or tries to register 50% of the share, can I file a suit to get back the Property Posession completely under my Ownership?
2. If my Wife writes a will in which if she wants to give her 50% of her Flat share to someone. Can I still get the entire property to myself after her demise since am the Primary borrower and paying the entire EMI?

1. Yes, you can do it provided the nominee is not a legal heir to the deceased.

2. If she is the joint owner she can very well bequeath her undivided share in the property.

Thank you KalaiSelvan Sir. Since the flat is mortgaged and still under the loan, can she make someone the Nominee at this juncture? Is making someone a nomine for the joint property legally allowed while the property is still under mortgage?

Is there any such accomodation in law to make someone a Nominee for the property OR does it have be through a Will?

What is the legal process to make someone a nominee to the property?

I apologize for my ignorance, but I am going through a lot of pressure since I paid the entire EMI all by myself and continuing to pay, I cannot see the property going into someones hand for free.

If she dies intestate then you become lr.

You are again and again insisting on the rights of the nominee over the property.

Nominee is just a trustee to receive the property and dusburse to the legal heirs.

You are one of the legal heirs if your wife dies intestate you are entitled to a rightful share in it as her legal heir.

Thank you Sir. I am clear now.

You are welcome for your appreciations and understanding.

Very well explained and advised by learned senior expert Mr. T Kalaiselvan, nothing left for further opinion or advise.

However, if you are still not satisfied it is advisable to consult a local prudent lawyer for professional advise.

Yes, thank you very much Mr. T Kalaiselvan for all your valuable inputs.

I would also like to thank Bhartesh, Ramani, Venu and Shashi Sir as well for their informative details.