ashish Agarwal 30 August 2020

Nominee after death in case of property

if father and mother both alive and married son death then who nominee of property . His father/ mother/ son/ wife or all are equal percent?

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Quick Summary

When a son dies while his parents are alive, the nomination of his property depends on the type of asset. For immovable property, inheritance follows the succession laws of the deceased's religion, with a will taking precedence. If there's no will, legal heirs inherit according to religious laws. For assets like LIC or bank accounts, the nominee acts as a custodian and is responsible for distributing the property to the rightful legal heirs, who include the wife, children, and parents in the case of a male dying intestate.

4 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 31 August 2020

Immovable property will devolve according to the succession Act of their religion.

If it is LIC, cash at bank etc then it can be claimed by the nominee.

But remember a nominee is only a custodian of property and is expected to distribute the property claimed by him to the respective legal heirs of the deceased.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 31 August 2020

Whose property you are referring to?

If it is the property of Parent/s, they are free to bequeth the property as they wish.

If it is the property of Son, cash in bank, insurance etc shall be dealt with as per the nomination of the deceased. As rightly pointed above, it's the responsibility of such Nominee to distribute shares to other legal heirs.

In case of immovable property of deceased Son, if there is a Will, property devolves as per such Will. If there is no Will, all legal heirs shall get respective shares as per the religion of the deceased Son.