Nominee transfer
Vicky
(Querist) 24 May 2014
This query is : Resolved
I want to know whether a present Nominee(who is alive) can transfer its Nominee title to other person.
What is the procedure for the Nominee transfer?
Is it a rule that only when a Nominee dies the nomination of flat can be transferred?
The present Nominee want to transfer its title to my Mother's name, that is he wants my Mother to be the Nominee.
Note : the present Nominee is not the owner.
Please help. it is urgent.
Regards.
P. Venu
(Expert) 24 May 2014
A nominee is only a nominee. It is for the principal/owner to change the nominee if the situation so warrants.
Guest
(Expert) 24 May 2014
Forget about that.
Nominee has no right to transfer his/her title, which he/she has yet to acquire only after the death of the owner.
Nomination can be changed only by the owner at any time during his/her life time.
Vicky
(Querist) 24 May 2014
Thank you for the replies. The owner who is my grandfather is dead.
So can the present nominee transfer his title to my mother's name. He wants my mother to be the nominee. Doesn't he have the right to transfer his nominee title to someone else, even when the owner is dead?
Rajendra K Goyal
(Expert) 24 May 2014
The property has to be changed in the name of nominee first and after that he can transfer the ownership / nomination in the name of your mother.
ajay sethi
(Expert) 24 May 2014
nominee is only a trustee for other legal heirs .society will transfer flat in name of nominee only .
malipeddi jaggarao
(Expert) 24 May 2014
Mr.Vicky the as rightly explained by Mr.Ajay sethi nominee ins the trustee for other legal heirs. It is his duty to see that all the legal heirs get their legitimate shares in the deceased property. The nominee should get the property transferred in his name initially and then transfer the property to the legal heirs as per their legitimate shares in the property. He cannot renominate another person.
Guest
(Expert) 24 May 2014
At the nomonee should get the property mutated in his name. If there is no claim to any share by any of the other legal heirs, only then he can nominate or make a will in the name of anyone he likes after getting clear title in his name. If other heirs are there and there is likelyhood of any dispute from the side of any of the heirs of your grandfather, the nominee may get a settlement deed with all the legal heirs to secure his title and dispose of the property in any manner he likes, i.e., nominate, make a will, sell or gift.
Vicky
(Querist) 24 May 2014
Thank you all for the replies.
Guest
(Expert) 24 May 2014
u r welcome.
Sankaranarayanan
(Expert) 24 May 2014
i do agree with experts No need to change the nominee from the existing records He/she only as agent So no way to legal hurdle for any legal matter
Dr J C Vashista
(Expert) 24 May 2014
I concur the expert advise of Mr. PS Dhingra.
Nominee can never become principal to nominate. However, nominee can be changed any time during the life time of principal.
T. Kalaiselvan, Advocate
(Expert) 25 May 2014
Agreed with the views expressed by the experts in this regard that a nominee has got no rights to change and replace his nomination in another person's favor, a nominee can disown his nomination but change of nomination can be done only by the principal or the owner. So the author may follow the suggested procedure for change of nomination.
