Can nominee make nomiinee
venugopal nayak
(Querist) 20 May 2015
This query is : Resolved
my father had made my mother nominee for flat purchased by him.On his death my mother nominated my 2 brothers as nominee. Can nominee create more nominees???. what rights do the other siblings have???
Kumar Doab
(Expert) 20 May 2015
NO: Nominee can not nominate further.
The right to nominate lies with owner only.
Nomination does not create a parallel route to succession.
If the flat purchased by father was self acquired and father died without leaving any WILL and father was Hindu, then the ClassI legal heir(s) i.e. spouse (mother), children (all brothers and sisters) shall be the successors.........and shall have equal share...........
The society rules invite a person as nominee so as to have administrative convenience to deal with someone on behalf of owner..............
The society may ask for succession certificate since the owner has deceased and a dispute seems to have arisen.........
Guest
(Expert) 20 May 2015
Mr. Venugopal,
You information is quite incomplete.
You have not mentioned whether the flat has duly been transferred in the name of your mother after death of your father, or not?
Rajendra K Goyal
(Expert) 20 May 2015
Incomplete information, nominee can not nominate further.
malipeddi jaggarao
(Expert) 21 May 2015
Come with full information. If it is not transferred in the name of your mother, the status is "nominee" only hence she can not re-nominate somebody.
Dr J C Vashista
(Expert) 22 May 2015
Please check whether your mother was a joint-shareholder (owner)or just nominee. If only nominee she will have a share with other LRs of deceased (your father) as per succession.
She can nominate for her share, after it is declared/owned/possessed.
T. Kalaiselvan, Advocate
(Expert) 24 May 2015
As rightly observed by experts, if the flat upon the death or your father was transferred on your mother's name in the capacity of nominee, she will still remain a nominee alone, she cannot become the owner hence hence she is eligible to further nominate anyone. The legal heirs of the deceased can get it mutated on their names and claim for membership in the society
venugopal nayak
(Querist) 26 May 2015
Really thanks to lawyers club for such a fantastic response from the team!!!.I've saveed thousands of rupees that other people ask me to give as consultation charges; Thanks again "lawyers club"
venugopal nayak
(Querist) 26 May 2015
Really thanks to lawyers club for such a fantastic response from the team!!!.I've saveed thousands of rupees that other people ask me to give as consultation charges; Thanks again "lawyers club"
Guest
(Expert) 26 May 2015
You are welcome, but in future must come with complete description of the problem.
