EMI paid by husband of flat how to clai m rights on flat

663 votes

As I understand EMI is paid by your brother-in-law and the flat is also in his name. For what purpose documents of your husband was given to the Bank at the time of obtaining loan? whether he was as a guarantor or as a co-borrower? It seems that your husband documents were given only for convenience purpose. As a Nominee, you have no rights over the flat except after death of the owner of flat, nominee will be only a trustee for other beneficiary of the flat and the nominee can do everything i.e. co-ordinate with Society, give flat on rent etc but can sell flat or claim title/ownership of the flat. To claim right over the flat, your husband needs to talk to your brother-in-law and make out an arrangement if possible, else your husband cannot claim any right over the property.

Advocate Bankim Mehta LawRato

855 votes

Currently who is in the possession of Flat and till what period your husband has paid emi of flat .
Nominee's rights only exists after the death of nominor until then no right of nominee on the said property.

Advocate Prerna Jain LawRato

831 votes

Nomination is a process, whereby a person authories someone to receive the assets on his/her behalf after death. It come into operation after the death of the owner. Nominee is not a legal heir and does not get everything, the legal heir , even if not mentioned in a will can claim estate from the nominee as per law

Advocate Meena Chaudhari LawRato