The rights of a nominee in the absence of the owner

768 votes

No. Nominee is only trustee. Though after you the flat will be transferred in your mother's name she cannot sell it on her own. Rights of other legal heirs are not extinguished only because any one of heirs was appointed as nominee.

Advocate Gopal Prabhakar Nagre LawRato

616 votes

No,
Nominee can sell flat after death of person by whom nominee was appointed.Therefore in your lifetime she cannot sell that flat
Only you can sell that flat because no one has legal authority without you.

Advocate Sandeep Shamrao Pingale LawRato

564 votes

NO, she cannot sell.
A nominee of a property in a housing society does not automatically become the absolute owner of the property after the death of the original owner, the bombay high court has ruled that in an important order.
Delivering the verdict in a legal battle that has dragged on for over 29 years, Justice A P Deshpande said it would be the personal law of an individual that would determine the successor to the property and not the nomination under the cooperative societies act.
THE MCSA does not provide for a special rule of succession altering the rule of succession laid down under the personal law, The court held that a nominee did not become the absolute owner and was empowered only to hold the property in a trust for the real owners that too for the purpose of dealing with the society
so as you mentioned above the nominee herein the mother cannot sell the flat in your absence.
thank you,
regards.

Advocate Chinnmay S. Shah LawRato