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Ajit Chonkar (Consultancy)     31 January 2010

Nominee an absolute owner

My father owned a flat in Mumbai, purchased by him through is own funds in June 1960. He expired in 24th Jan 1976 intestate, the flat being nominated in my Mothers name was transferred in her name by the Society on 6th Jan 1978. Her name still appears on the Share certificate as well. She 85 yrs old and mentally fit and fine. Now can she sell the flat as an absolute owner or partition as per her choice? 



 7 Replies

R.R. KRISHNAA (Legal Manager)     31 January 2010

Yes. Now she is the absolute owner and she is free to sell the property as per her choice.

Jithendra.H.J (Lawyer)     31 January 2010

she can but other LRs shold not have any objection to sell as she is not a absolute owner.

niranjan (civil practice)     31 January 2010

How she was nominated? If it was by will or gift she can be absolute owner,otherwise in absence,simply because her name is shown as owner in the society,she cannot be absolute owner and she can sell the property with the consent of all the sharers.

Swami Sadashiva Brahmendra Sar (Nil)     31 January 2010

Mr. Jitendra is right. Nomination does not mean transfer of ownership.

V. VASUDEVAN (LEGAL COUNSEL)     31 January 2010

 The Nominee is only a Trustee, entitled to receive the property on behalf of the legal heirs. Especially since the owner dies intestate - It is in order for the society to register the flat in favour of the nominee, based on the nomination in its records. However, it is the duty of the nominee to distribute the property/proceeds in the proportion to the legal heirs, as per the personal law, viz. Hindu Succession Act or the applicable law. Even recently the High Court of Bombay has reaffirmed this principle.


Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 January 2010

I do agree with niranjan. She is not absolute owner of the property in the given case and she has only share therein legally hence all legal heirs/now owners can sell that property as per their repsective shares.

SURESH KRISHNA (working as Deputy Manager - Legal for DLF India Limited)     04 February 2010

Here the mother, though nominated by her husband,becomes owner of the flat to her corresponding share. If the flat is self acquired in that case the nomination will create ownership rights in favour of mother. If the flat is ancesteral property then the rights of other LRs to be exercised as per the Personal suceesion laws applicable to them.

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