Clarification share claim by daughter in father's property

Question

Clarification share claim by daughter in father's property

08-Aug-2023 (In Civil Law)

mother had jointly purchased house .Share certificate was on name of father.Father had filed nomination on children & mother.Child was minor hence mother was listed 1st name in nomination.father never evised the form even after child become major.After death of father , mother became member of the society .Son has filed suit in civil court that mother canot transfer right to third party as she is nominee as per father's nomination list.This is valid reason?She had contributed her streedhan for purchase of house then also she is nominee? she can not sell the house without sign of son?.

Answers (3)

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Advocate Mohd Atik Iqbal LawRato · Accepted Answer · 2018-08-11T06:01:04+05:30

Answer #1

Nominee is not the owner but the trustee of the property and therefore is merely a caretaker of the property till the legal heirs attend the maturity. In your case the nominee is also a legal heir so she also has the beneficial rights over the property as held by bombay high court in case of Ramdas Shivram Sattur in 2009.

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Advocate Dhananjay Ravikant Gangawane LawRato · Accepted Answer · 2018-08-11T12:55:35+05:30

Answer #2

Hello dear querist, thank you for your query, as per your query i would like to suggest that even though the Father has named your and your son's name in the nomination form of your flat, it doesn't mean that you or your son becomes owner of the flat. As per law you and your son are legal heirs of your husband but you need to apply for succession certificate for the same. For more detailed information kindly contact on my number

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Adv. Dhananjay Ravikant Gangawane Adv. Dhananjay Ravikant Gangawane

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Advocate Pallavi Digambar Sonawane LawRato · Accepted Answer · 2018-08-12T22:34:44+05:30

Answer #3

Hi Thanks for asking query to me. That the mother and children is nominee of that house/ property. They are not owner of that property. But after death of father mother and children have legal rights in that property. Children have equally right in that property. Mother can not sold that house simultaneously. Nominee is not owner of property its mere nomination .

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Adv. Pallavi Digambar Sonawane Adv. Pallavi Digambar Sonawane

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