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RAJESH MAKWANA   24 May 2021

nominees

who is legal nominees of father property? if my son is married so her wife and children will make legal nominees


Learning

 6 Replies

Sankaranarayanan (Advocate)     25 May 2021

Son only can comes under legal heir . As for as nominees concern you father can give any one name.

Need more clarity on your query 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 May 2021

What exactly you mean by the legal nominee?

 

I presume you mean Legal Heir. To a father legal heir is his son/daughter.  

 

If you state full facts then you shall get proper clarification.

G.L.N. Prasad (Retired employee.)     25 May 2021

Depending on the religion the list of legal heirs belonging to Class Class 1 is well stated with such relationships.  All such legal heirs of Class 1 are equally entitled for such properties an intestate left.  (Death without executing any will)

A Nominee is a person appointed by one person directing to a third party to pay the proceeds to such and such person in case of his death.

Ex: X has a life policy or bank deposit with Z bank.  X directs a specific third party 'Z to pay the proceeds stated in the schedule to Y his son or wife or some other as his nominee 'Y"

Y nominee need not be a legal heir of X, if it is his self-acquired property.

1 Like

sneha jaiswal   25 May 2021

Hello, Greetings of the day!
The nominee is someone who receives the property or asset after the death of the owner or holder.
The following can be legal heir under the Hindu Succession (Amendment) Act, 2005: Widow, Daughter, Mother, Son, Daughter of a son who is deceased, Daughter of a daughter who is deceased, Widow of a son who is deceased, Daughter of a pre- deceased son of a pre- deceased son, Son of a son who is deceased, Widow of a pre- deceased son of a pre- deceased son, Son of a pre- deceased son of a pre- deceased son, Son of a daughter who is deceased.
No, your son’s family will not be legal heir, until unless the will is made on their names.
My suggestion is totally based on internet research. For proper guidance, I shall suggest you consult a lawyer.
Hope it helps
Best Regards,
Sneha Jaiswal

Law Student
 

T. Kalaiselvan, Advocate (Advocate)     25 May 2021

Nomination is a process, whereby, a person authorises someone to receive the assets on his/her behalf, after death. It comes into operation, after the death of the owner. The specified asset is transferred in the name of the nominee.

According to law, a nominee is a trustee or caretaker of the assets. He/she is not the owner but an individual who will be legally bound to transfer the asset to the legal heirs.

Thus your father can nominate anyone as nominee to his property. 

However the term legal heirs means the successor in interest to succeed to the estates of the deceased  owner.

If you have mistaken the legal heir to legal nominee then this definition will explain.

 

If it is your own property and if you have not made any arrangement to transfer the property to anyone during your lifetime then the property shall devolve upon all  your  legal heirs equally, after your lifetime which is called as intestate succession.

Your son's wife or his children will not become your legal heirs/successor in interest during the lifetime of your son. 

 

P. Venu (Advocate)     25 May 2021

"legal nominees of father property"! Is it legal nominee or legal heir? Please clarify.

 


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