Jonathan D (Practising Advocate) 26 January 2012

Nomination/will

Deceased made a nomination in favour of wife. Self acquired flat. Share certificates transferred by Society in name of wife (Nominee) who also expired. I am a bit confused after doing a lot of research. 1) Whether I should file Letter of Administration in respect of the above flat in the name of the deceased or the nomimee (Wife) 2) There is only one legal heir (only son) 3) Maintenance is being paid in name of deceased member but society not providing bills to legal heir Please advise

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kvss.prabhakar rao (Advocate ) 26 January 2012

Dear mere quating nominee doest not nominee alone entitle to get property. The will is defferent from nominee. If testatter of will died then the person whe bequatherd property wil be becone absolute owner thereof . But where as in nominee is defferent meaning The supreeme court have clear finding in this regad in case SMT SARABATI DEVI & ANR vS SMT UMADEVI ( 1984 AIR SC 346 inqualant 1984 SCR(1) 992 )

a mere nominatiion made in any insurance and bank does not have the effect of ceforerring on the nominee by beneficial interest

here is attached Citation for kind perusal

regards

K.V.S.S. PRABHAKAR RAO

ADVOCATE RAJAHMUNDRY (ANDHRA PRADESH )

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