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ars (cs)     18 January 2024

Death of joint holder in a flat

The first out of two joint holders, of a flat, died in Mumbai. They had jointly nominated two nominees for 50% each.

The first owner died intestate. What is the course available to the second holder and the nominees?

Experts may please opine. 

 



Quick Summary
When one of two joint flat holders dies intestate (without a will) in Mumbai, the surviving joint holder's rights are paramount. Nominees are not automatically entitled to a share; only legal heirs can inherit the deceased's portion. This discussion clarifies the legal recourse for the surviving owner and the nominees, emphasising the distinction between nomination and inheritance.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     18 January 2024

Nominee is not entitled for a share in the property until he is ls one of the legal heirs of the deceased.

The legal heirs of the deceased owner shall be entitled to a share in the share of the deceased joint owner. 

kavksatyanarayana (subregistrar/supdt.(retired))     18 January 2024

Yes.  I agree with the expert advice of Sri T.Kalaiselvan Sir.

Dr. J C Vashista (Advocate )     19 January 2024

Very well analysed, opined and advised by learned senior experts, I agree.


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