Cooperative society

Rupen-Doshi (Querist) 15 September 2023 This query is : Resolved
I have received the flat through nomination from my father. Can I nominate someone?

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If you've received a flat through nomination from your father, you generally cannot nominate someone else. A nominee acts as a custodian or trustee, holding the property on behalf of the legal heirs. They are responsible for distributing the property according to inheritance laws and do not possess full ownership rights. Therefore, you are considered a caretaker until the flat is transferred to all entitled legal representatives.

kavksatyanarayana (Expert) 15 September 2023
The nominee has no powers on any property and he is the only one to keep the property safely and shall handover it over to the actual legal heirs.

T. Kalaiselvan, Advocate (Expert) 16 September 2023
A nominee is just a trust to receive the property on behalf of the legal heirs of the deceased owner and he has to distribute the same to the legal heirs of the deceased owner, hence you cannot nominate a different person on your behalf because you have no title or interest in the property

Dr. J C Vashista (Expert) 18 September 2023
Transfer the flat in the name of all of the legal representatives of your father.
You are just a "care-taker" during interim period till transfer is complete to all entitled heirs.

Sudhir Kumar, Advocate (Expert) 19 September 2023
given facts are sketchy.

Rupen-Doshi (Querist) 20 September 2023
Thank you Gentlemen!

kavksatyanarayana (Expert) 20 September 2023
Welcome sir.....................

Rajesh Tandon (Expert) 30 November 2023
A nominee simply acts as a custodian for a property on behalf of the true owners and does not possess full ownership rights. In this role, they are obligated to transfer the property in accordance with the relevant inheritance laws. The nominee doesn't gain complete ownership but rather holds the property in trust for the genuine owners in dealings with the society. They lack the ability, authority, or entitlement to dispose of the property without considering the other legal heirs of the deceased member.

Thus, as per the law, being a caretaker, you cannot nominate someone else. The ownership of a property of a deceased person is distributed on the basis of the Will, in the absence of which, succession laws come into effect.

In the case of Smt. Sarabati Devi & Anr vs Smt. Usha Devi on 6 December, 1983, the Honourable Supreme court of India held that a mere nomination made under Section 39 of the Insurance Act, 1938 does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on the death of the accused. The nomination only indicates the hand which is authorised to receive the amount, on the payment of which the insurer gets a valid discharge of its liability under the policy. The amount, however, can be claimed by the heirs of the assured in accordance with the law of succession governing them.

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