Nomination of Flat
Querist :
Anonymous
(Querist) 16 July 2011
This query is : Resolved
1. One person who has a flat is died.
2. Who has never married, no legal heirs, no wife / parents.
3. He has nominated his brother, but the said brother also died before the four years of the flat owner died.
4. According to Property Law, Nomination not Valid when person died.
5. No Will of the Flat Owner or Nominated Person. (His Brother)
6. Who have 8 brothers / Sisters.
7. Out of 8, 6 died, only two sisters alive.
8. Out of two sisters, one is widow and no children.
9. Legal heirs of the 7 Brothers and Sisters are live.
Then, who are the legal heirs of the said flat ? If any Mutual Understanding between the legal heirs and legal heirs of said flat owners is Valid?
R.Ramachandran
(Expert) 16 July 2011
The property will go by way of inheritance in accordance with Section 8 of the Hindu Succession Act, 1956.
Accordingly, the property will to go his mother if she is alive.
Else it will go to his father, if he is alive.
Next it will go to brother(s) and Sister(s).
Whoever are the currently available brother(s) and sister(s) (whether widow or not - a sister is a sister) they will all get the property equally.
NOBODY ELSE CAN HAVE ANY CLAIM OR RIGHT OVER THE SAID PROPERTY.
prabhakar singh
(Expert) 16 July 2011
Expert R.Ramachandran has stated you a correct position of law.
