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KKumarSharma (Partner)     09 December 2021

Owner as well as the nominee dies

Hi,  If an owner dies, and the nominee also dies without getting the rights on the property.

  1. What happens to the property?
  2. Do blood relatives get the property?
  3. Could any one point to the relevant laws?

Area: Delhi Cooperative Housing Society.

Thanks.



 4 Replies

Kawmini Liyanage   09 December 2021

Greetings KKumarSharma!

The fact that the owner of the property died while leaving behind a Will is an important key factor to consider. In such a case, as usual, the Will will be executed by the relevant procedure given in law. The nominee being deceased does not have any impact on the matter of execution of the Will. But when such property is being devolved to such a nominated person, the court will consider whether such nominee died intestate or testate. 

Therefore, to answer your questions;

1. Property will be devolved to the nominee. Since the nominee is also deceased, the court will look into the availability of a Last Will executed by the nominee. and if such is there, the nominees of such Will will be the heirs to the property.  

In the event where a Last Will is not available, the property will be devolved into the heirs of the nominee.

2. Depends on the relationship between the "Owner" and "Nominee". If you can describe their relationship, it can give you a much clearer answer.

3. Applicable Law is the Indian Succession Act.

Applicable provisions and case laws would have been demonstrated if the relationship of the above-mentioned parties were given in detail. 

Kawmini Liyanage

 

1 Like

KKumarSharma (Partner)     09 December 2021

Thank you dear Kawmini Ji. Your response is much appreciated.

1.  Will was made in presence of 2 witnesses. We do not know if it was probated or registered. 

2. Nominee has no blood relation with the deceased owner

1 Like

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     09 December 2021

WILL need not be regisered. Please approach a local civil lawyer with the relevant documents. 

The matter would be declided by local civil cout as per Indian Succession Act. 

1 Like

Advocate Bhartesh goyal (advocate)     09 December 2021

In case owner as well as nominee died ,property rights will be devolved as per Succession Act and owner's legal heirs will get the property as per Succession Act.,Please note that nominee is always  trustee of property and he has to handover the property to owners legal heirs , he does not become owner of property on base of nomination moreover nominee had no. right to execute will regarding questioned property,his will is waste paper in eye of law.

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