Transfer of Property

Querist : Anonymous (Querist) 15 April 2010 This query is : Resolved
Hi,
My husband's grandmother had made of his 3 sons nomination in property she was staying when she was alive. She also has one daughter, can her daughter claim the right in property even if she was not nominated.

One more question if the property is in single name and their are 2 nominations in the registered agreement say Y & Z. Now if X made will saying that the property will be transferred to say third person but the agreement is not changed then whether the property will be transferred to the nominations or the third person mentioned in the will?

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R.R. KRISHNAA (Expert) 15 April 2010
Nomination does not confer any right of ownership. Nomination is favour of sons does not take away the right of the daughter to claim share. Daughter being a legal heir is certainly eligible for a share.

As regards your second question, the agreement will prevail over the will. i.e., Y and Z will get rights over the property.

R.R. KRISHNAA (Expert) 15 April 2010

Raj Kumar Makkad (Expert) 15 April 2010
It is to be seen whether the property mentioned is self acquired or ancestral. If it was self acquired then daughter can get nothing and arrangement made by X during her life time shall prevail even after her death and none can raise any objection to it but if the property was ancestral in the hand of X then her all life time arrangements shall fail and all 3 legal heirs of her shall get equal share therein.

Querist : Anonymous (Querist) 16 April 2010
The property was purchased by my husband's grandfather and on his death it was transferred to grandmother & she had made nominations of his 3 sons still whether her daughter has right in property?

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