Nomination

Anamika (Querist) 14 May 2012 This query is : Resolved
Hi,

I am married and the house is jointly owned by my husband and my mother in law.
After marraige my name has not been added in the agreement. I would want to know

1. Whether my name be added as a joint owner or a nominee????
2. The procedure for the same.
3. What would happen in case my name is not added ?? Would his other siblings have a claim on the property post my mother in law's death ?????

Please advice...

Thanx in advance

Anamika.

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Guest (Expert) 14 May 2012
Anamika,

Your question is quite incomplete.

You first need to establish relationship between the joint ownership of mother son and the agreement (which).

A further question arises, agreement for what, by whom and with whom and how the question of nomination arises in which type of documentation with which authority?

Shonee Kapoor (Expert) 14 May 2012
The share of the mother would go as per her will (if the property is self-acquired) or by succession law (If there is no will/ property is ancestral).

What is the need of your name to be added as Nominee.

Nominee anyways is the custodian of the wealth and not a legal heir.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

SAINATH DEVALLA (Expert) 14 May 2012
Anamika,

Is the property purchased from your husband's resources or jointly invested by your husband and your motherinlaw or given by his father? Its not mandatory that your husband should add your name in the property document.If these questions are answered,then we can conclude as to"What would happen in case my name is not added ?? Would his other siblings have a claim on the property post my mother in law's death ?????"

ajay sethi (Expert) 14 May 2012
answer the queries raised by experts .

it is wish of the owners of flat to whom they want to make a nominee .

R.K Nanda (Expert) 14 May 2012
State full facts of ur case.

adv. rajeev ( rajoo ) (Expert) 14 May 2012
After your MIL's death her legal heirs will be entittled for equal share in the share of mother in alw.

Deepak Nair (Expert) 14 May 2012
It is not necessary to put you as a nominee in the said property. You are eligible for half a share of your husband's share only if the husband has acquyired the property after your marriage.
Otherwise, you are always the legal heir of your husband and you have right to enjoy the property.

Anamika (Querist) 14 May 2012
Hello All !!!

Thanx for such a good response...

@Shonee Kapoor : The flat is purchased by my husband from his saving. However some amount is invested by my mother in law and hence her name was added in the purchase agreement of the residential flat.

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