Hi,
meet
(Querist) 06 April 2013
This query is : Resolved
Thks Mr.Devajyoti.
Pls. tell me If my mother is nominee in property and the owner is my father, after the death of my father she has right to give property to whom she want to give.
Suppose, If she transfer property in my name then my sister has right to claim on said property. If yes, then pls. explain how she has a right to claim when my father had already mentioned nominee name.
regards
Adv k . mahesh
(Expert) 06 April 2013
in one judgment, the Supreme Court has held that the nominee can act only as a trustee and should distribute the property to all the legal heirs in case of death without a will. If there is a will, it will prevail over all other legal rights.
A will can be executed by the ailing mother now to whomever she wishes
if there is no such will then the there will be equal share between you and your sister
ajay sethi
(Expert) 06 April 2013
mother is nerely a nominee . in other words a trustee . on your father detah your mother , sister and you would be the legal heirs to said property . your sister has full rights to claim her share
Devajyoti Barman
(Expert) 06 April 2013
Nominee can not transfer property as his wish.
After the death of your father you, your mother and your sister have become its equal share holders.
Now your mother can give her 1/3rd share only by way of gift deed or relase deed.
Raj Kumar Makkad
(Expert) 06 April 2013
I have full agreement with the experts on the issue.
Sudhir Kumar, Advocate
(Expert) 07 April 2013
repeated at http://www.lawyersclubindia.com/experts/Hi-383666.asp
V R SHROFF
(Expert) 07 April 2013
Nominee is only a care taker.
prabhakar singh
(Expert) 07 April 2013
You have been addressed earlier.Asking same thing twice can not change correct answers.
