can nominee make a will

nitin (Querist) 01 April 2010 This query is : Resolved
plz help me out
my father bought a h.i.g house . he nominateed my mother in this property.
my father died 10yrs ago . he didnt willed the property . no one transfered the property . it was rented & my mother was taking that money .my mother made a registered will in favour of my brother .
she died 1yr ago .so wat r my rights over that property

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Parveen Kr. Aggarwal (Expert) 01 April 2010
Nomination does not alter the entitlements under the law of succession. After the death of your father, your mother did not become absolute owner of the house because of nomination so the will executed by her is unauthorised and not enforceable. At the most the will can be with regard to her share in the house as after the death of your father all the legal heirs including your mother succeeded him being class I heirs.

You must challenge the will in a court of law by filing a civil suit.

A V Vishal (Expert) 01 April 2010
You have 1/3rd share in the property after the death of your mother, since, the property was self acquired property of your father and not the mother, her will extends only to that part of property she was entitled after the death of your father.

Clarify what do you mean by your father nominated your mother to the property, is there any document purporting the nomination.

nitin (Querist) 01 April 2010
in a form of housing board he wrote that
swamitva grahan karna ka liya namjat karta hoo . wat does it mean

Raj Kumar Makkad (Expert) 01 April 2010
I do agree with parveen and vishal.

niranjan (Expert) 01 April 2010
father declared before the housing board that ownership of the house is given to her i.e. wife and if the housing board has inserted her name in the register I think that could entitle her to make a will.

Parthasarathi Loganathan (Expert) 01 April 2010
Matter is simple. Since it is not a self acquired property of your mother, she is entitled only to the extent of share prescribed as per legal heirship.

nitin (Querist) 02 April 2010
but the court has rejected my case by saying that it has been clearly written in the housing board society that my father has give the right of ownership to my mother after his death .

Raj Kumar Makkad (Expert) 02 April 2010
If the property is self acquired then the owner can nominate any person as his nominee but right of inheritance is not dependent only upon such nomination and it has to be decided by civil court.