Family rights
sajid
(Querist) 19 September 2011
This query is : Resolved
If the owner of the property (currently under construction under SRA SCHEME) dies without any will and left wife and five children who has equal rights on that property but one of his daughter is nominee for signature or any other purpose, And at the time of posession under whose name will the property be registered. After getting posession has the nominee got any rights to sell the property without consulting other family members, if so how can we stop her doing so now before its too late
Advocate Rajkumarlaxman
(Expert) 19 September 2011
See all the members are having equal rights over the property. Nomination is only purpose of signature you said. that means she can only sign on behalf of all the other co-owners. she definitely has to to take consent of other co-owners before disbursing the property. if she goes against your will just give a legal notice to her and also an paper publication that no one should deal with the her in regard to the property as she is not the sole owner of the property.
Advocate Rajkumarlaxman
(Expert) 19 September 2011
HA !, it's still under construction. Then make the agreement with the builder in all the names to be owner of the property. in which SRA scheme is this property located. I also belong to mumbai hence i wanted to know.
Raj Kumar Makkad
(Expert) 19 September 2011
Nominee has no right to inherit the property and all legal heirs of deceased are now co-owners and they can seek injunction against such nominee if she is trying to sell the property exclusively.
Sailesh Kumar Shah
(Expert) 19 September 2011
She can't sale property legally without consent of others.If you doubt that she could sale then seek injunction from the civil court as advised by Makkad Sir.
Advocate M.Bhadra
(Expert) 19 September 2011
Nominee right can established only in Bank accounts where the deceased left the debts in the name of nominee. Where the deceased left the property in his name,then all legal heirs and successor are equal right over the properety.
prabhakar singh
(Expert) 19 September 2011
Where owner dies leaving behind a widow and 5 children all are heirs to share equally and if one among them[a daughter here in your case] has been appointed as nominee,then she is a deemed trustee for all,she can not claim all.However if it is an ongoing construction where the very agreement with the builder is to be still made then following Mr.Rajkumarlaxman's advise make the agreement with all heirs being party to it,if any of them are minor,mother can sign as guardian on minor's behalf.This will keep you guarded at the very root.
In an otherwise circumstances of the case,
you do need to file a suit of injunction against the nominee to restrain her from doing all those things you do not want to be done by her against your rights and wishes as advised by Mr,Makkad.
Guest
(Expert) 19 September 2011
Dear Sajid,
Merely by stating "nominee for signature or any other purpose" itself intends to divert the attention of the experts from the real problem.
Unlesss you specify the purpose of nomination in daughter's name, you should not expect correct solution to your problem. Without stating the real purpose of nomination and where made you can expect only contradictory and confusing relies for you only.
Nomination can never be made merely for signature without intending to give any right to retain ownership.
Shastri J.K.
(Expert) 19 September 2011
I agree with Experts.
