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Ashish   07 October 2025

Property nomination to father by spouse

There is a property purchased by my deceased spouse and nomination she has done for her father. father is alive.  I am the legal hier of the property. To whom this property should actually be transferred.



 13 Replies

P. Venu (Advocate)     07 October 2025

Nomination! What type of nomination? 

Please post the material facts.

Ashish   07 October 2025

Nomination done during property registration sir

P. Venu (Advocate)     07 October 2025

To my understanding, such a procedure/process is unknown to law.

T. Kalaiselvan, Advocate (Advocate)     07 October 2025

A nominee cannot claim any property just because he was nominated by the property owner.

The nominee is a trust who  can receive the property and distribute the same to the legal heirs of the deceased as per the inheritance law of the personal law of the deceased property owner. 

You being the spouse of the deceased property owner, you are entitled to a share in the property left behind by her, who is reported to have died intestate, as per the law of inheritance applicable to your religion. 

kavksatyanarayana (subregistrar/supdt.(retired))     07 October 2025

The nominee has no right over the property of the owner.  The nominee is the only custodian of the property, and he shall hand over the same to his/her legal heirs.  Therefore, you have a share in the property of your deceased wife.

1 Like

Ashish   07 October 2025

Who all are the legal heirs other than me for my deceased wifes property. I have 2 minor daughters. This property should be owned by whom, myself, or myself and both daughters?

T. Kalaiselvan, Advocate (Advocate)     08 October 2025

Assuming you are Hindu by religion, upon intestate death of your wife, the property left behind by her shall devolve equally on her own class I legl heirs consisting her children and husband.

Thus your daughters shall be entitled to an equal share in the property 

1 Like

Advocate Bhartesh goyal (advocate)     08 October 2025

You and your two daughters are entitled to get equally share in property left by your spouse.

1 Like

Ashish   08 October 2025

Thank you sir, since daughters are minor,, 3 & 5 years old, can property ownership be transferred to them? Further what legal document will be needed to claim this transfer? Legal heir certificate? 

T. Kalaiselvan, Advocate (Advocate)     08 October 2025

You need to obtain the legal heirship certificate and then apply for mutation and transfer of revenue records to the joint names of all the three, you will be the guardian of the  minor children until they become major by age.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 October 2025

Is it a flat in a co-operative housing society? Has your father-in-law claimed right over the property as a nominee? Has the Society transferred the property to the name of the father-in-law or is in the process of considering the application of your father-in-law?

If you are a Hindu under the laws of succession you and the children of the deceased spouse are legal heirs. If your father-in-law does not apply for transfer of the property, you and the children can jointly apply to the co-operative society for transfer of the flat to your names. The Society can transfer the flat to your names making one of you (your choice) as member and all others as associate members. If your father-in-law has already made application to the Society, as per the Supreme Court judgment in the

 Indirani Wahi vs the Registrar of Co-operative Societies,

the Society has to transfer the property to the name of the nominee viz. your father-in-law. Afterwards you can claim the property from your father-in-law. If your father-in-law does not oblige you can go to court. What I have stated here is in accordance with the Maharashtra Co-operative Societies Act, 1960. If you are not in Maharashtra things may be different.

Who is residing in the flat now, your father-in-law?

Ashish   18 November 2025

At present , property is let out by my deceased wife. No, my father in law has not claimed it. I just wanted to know who legally owns it and do justice. In case FIL would have been legal owner, I would have got it transferred it to them happily. 

this property is by a private builder in Noida sector 143. there is a RWA running maintenance. Not a co-operative society. Registry was done at Noida authority. Transfer os ownership would be taken care by I suppose Noida authority?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 November 2025

You and your child/children if any by the wife are legal heirs. You may have to apply for and get a succession certificate in order to claim the property. Who is in occupation of the property? If no claim is made for 12 years, automatically it will become property of the occupant under the law of limitation.


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