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Rajan Singh (Manager)     11 March 2015

Right in property

If will is not made but in decessed father assets nomination is done in the name of one legal heir.

Still can other legal heir have any right and he/she can ask for his/her share.

or the nominated heir can claim all assets?






 2 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     11 March 2015

Normally, nominee can be appointed only to receive the money of a bank depositor who has died. The nominee can only withdraw the amount. However, nominee cannot claim to be the absolute owner of the same. As for as the properties concerned, the succession will open to all the legal heirs according to their personal law.

vjayanth   15 March 2015

I am living in my ancestral house ( Mother's Father's property ) belonging to my maternal grandfather. All other family members are citizens of USA & UK. Since there is no amicable settlement coming forth for the last 20 years, How do I stake a claim for the property. Since dual citizenship no more exists, can they stake a claim or contest my claim in court.  Please let me know the relevent sections of the property Act  by which I can stake a claim on the same.

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