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Court denied nomination according to the Indian Succession Act


19-Aug-2023 (In Civil Law)
Under 372 Indian succession Act we requested for nomination to the court. My brother passed away in 1984, he lived with me ,was unmarried and he doesn't has any nominee, nor he has written any kind of Will. He has given a token or a partial amount to brought a house from Housing Board society in 1977 but due to his death he was not able to pay the whole amount. In 1991 i (Brother) received a notice from Housing Board Society to pay the left amount or they were auction the house. So i paid they 50% of the amount in few installments. now in 2014 i requested to transfer the ownership on my name by paying all the dues to Housing Board Society but they refused and asked me to get the nomination from court then they will transfer the ownership. in 2015 court rejected the application by saying "According to Indian succession Act 1972 nomination can be provided on Loan or Deposit/Security. Not on Ownership of Immovable property." and he has not rights to get the ownership of a house.
Answers (1)

Answer #1
855 votes
File a regular civil suit for declaration of ownership.the succession court was right to rejection your Clem because the application under section 372 of indian succession act mantenble only for moveable property.
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