Mukesh 17 November 2025

Nominee rights in redevelopment after demise of owner

My mother is the owner of the flat in mumbai. She had made a gift deed to me of the flat in in 2023. I am the sole nominee in the flat. Our society is under redevelopment since last two years My mother passed recently. Now the rent is due to be collected from the builder, can the nominee get the rent from the builder in such case.

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Quick Summary

This discussion explores the rights of a nominee regarding rent payments from a builder during a redevelopment project after the property owner's passing. While the nominee was initially designated, a recent gift deed transferred ownership to the individual. The core question is whether the nominee can collect rent from the builder, especially considering the shift in ownership and potential complexities arising from joint ownership and other heirs' rights. The advice emphasizes clarifying the exact ownership structure and property share before seeking definitive answers.

6 Replies

P. Venu (Advocate) 17 November 2025

In view of the gift deed, you are no longer the nominee; you are the owner of the property.

Mukesh 17 November 2025

Sir

My parents were jointly owner of the property after demise of my father my mother gave all her share i.e 60% to me. Now I hold 70 % share. Will I be eligible to get the yearly rent in absence of my mother

kavksatyanarayana (subregistrar/supdt.(retired)) 17 November 2025

You stated that your mother is the owner of a flat and above you said that your parents jointly own the property. In such a case, you and your mother and your siblings, if any, have equal rights over the 1/2 share of your father. If you are the only son to your parents, then your mother can gift her 1/2 share + her 1/2 share in your deceased father's share (along with you). If you have siblings, they may gift their rights to you, or they may relinquish their rights in your favour.