Nominee's rights

This query is : Resolved 
 


Querist : Anonymous (Querist)
25 February 2021

Our co op hsg society is in Mumbai
IN our society a lady was anominee for the Flat purchanged by her Husband in his single Name.
He nominated the lady(his Wife) After the demise of her husband Our society added her name in the share Certificate
The lady has 3 children.Recently the lady submitted a nomination form Nominating one of 3 children.During the annual General Body meeting the other 2 children Came and objecting that the nomiation form submitted by the lady(their mother should not be accepted.)
Their main objection was that their mother as a nominee is only a trusty and care taker and as such she has NO right to nominate any one and also she has no right to write a will in favour of any any one children when all the childre has legal equal right in the property
Kindl advise what the Managing committee should do
With due respects to all the Experts in in this forum
Regards
V.Natarajan


K RajasekharanOnline (Expert)
25 February 2021

What the children say is right legally.

All the legal heirs of the deceased have equal right in the property.

So if they have objection in putting one child as a nominee the society must put all legal heirs as joint owners.

If they have any dispute among them they have to settle it through a civil court.

The society cannot decide in a dispute in regard to inheritance or succession.

Advocate Bhartesh goyalOnline (Expert)
25 February 2021

Well advices by expert K.Rajsekharan.I completely agree with his views.

P. Venu Online (Expert)
27 February 2021

In my understanding, nomination had been with respect to the shareholding in the Society not the ownership of property as to the flat/apartment.

The property, on the death of the father, is jointly vested with the mother and the children. Transfer of the share to the mother does not render her the exclusive owner of the property. The same ratio applies to the nomination she has presently made in respect of one of the child, excluding others.


Querist : Anonymous (Querist)
27 February 2021

Respected Venu Sir,
I am not able to understand the last line of 2nd paragraph of your answer.Whether the mother as nominee has any right to nominate any one or can she write a will regarding that property
PL Clarify
With the best Regards
V.Natarajan



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