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T.R. Arora   19 January 2022

change in nomination of a property owned by joint owners

A flat is owned by two joint owners ( equal patnership) for which a nomination favoring their two children with a share of 50% each has been submitted jointly by both owners to the society. Is there any possibility that after death of one of the joint owners, the remaining owner can manage alteration of the nomination in a legal manner, if he/she wishes to??. If yes, Under which circumstances.


 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 January 2022

There are recent judgments saying a nominee or nominees is/are not absolute owners of the property of the deceased. Hence it is better that a will is made covering all possibilities. In the absence of a will survivors can claim under the Succession Law. In the event of death of one of the joint owners, the children of the deceased owner can claim rights over the 50% of the deceased owner. If no claim is made and surviving owner lives for 12 years he can claim the entire property as his own under the law of limitation.

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