• What happens if a person changes nominee in his mental illness

Husband is suffering from end stage brain cancer. Has lost mental balance due to the disrase. In laws polluted his minds against his wife and he changed the name of nominee (wife) to his mother. How the wife would get the property after his death. They have two minors children aged 5 and one year.
Asked 7 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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10 Answers

1) nominee is only trustee of legal heirs

2) on demise of husband his mother , wife and 2 minor children would have equal share in his property

3) wife should apply for letters of adminstration from court on husband demise

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

you would not be absolute owner of flat on husband demise

2) but you and your children would have 2/3 rd share in the flat on his demise

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Nomination does not extinguish the right of succession in any way. So even if it is changed if your husband dies without any WIll, you , your children and your mother in law all will inherit his proeprty in equal share.

2. Wife has no right of share in the proeprty of husband and the husband can at any point of time transfer the proeprty to anyone he chooses.

3. However you can ensure your stay in the flat for your whole life by filing a case under PWDV Act.

4. Or you can stay in the flat and refuse to move away even if he changes hand of the flat.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

nominee is like a trustee instead of owner of the property. wife is the natural heir of husband's self acquired property so she shall be the nominee. you should file a civil suit before the civil court for injunction order, court shall prevent his mother to intervene in your personal matter like change of nominee and right over his property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

his mother has no right to be a nominee or take right to transfer his property if wife is alive and a sound mind.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Mental illness is no bar to change of nomination. Mental illness may not necessarily be such so as to completely overawe the capacity of a man to think and decide.

2. Unless you have evidence to prove that your husband changed the nomination under duress or undue influence you cannot successfully challenge it in the court.

3. In so far as the flat is concerned, if he does not leave behind a will then his mother, widow and children will succeed equally to it after his lifetime.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. It is to be kept in mind that Nominee is not the owner of the movable property.

2. Nominee is considered as a Trustee only till the property is inherited by the legal heirs.

3. Even if mother is the trustee of his bank accounts and other movable properties, the wife, two minor children (wife being heir guardian) and the mother will have equal share of all his movable and immovable properties.

4. Keep watch whether any gift deed is registered or will is executed by him or not and in that case challenge the said gift deed and will on the ground that the husband was incapable of taking any decision about the said gidt and will due to his illness for which the said gift deed and will , if any, are void at law.

5. The wile can also lodge a police complaint well in advance alleging that her husband is being illegally coerced and/or managed to execute and register deeds of conveyances to transfer his properties in the name of the in laws to deprive her and her children's share on the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Keep all the records of his decease as evidence that he is not in his right state of mind to execute any legal document/deed for his said decease.

2. Lodge a police complaint now alleging that your husband is being manipulated/coerced by his own family members to execute documents/papers to deprive you and your children of your rightful claim.

3. This police complaint lodged now will stand as a very important document to prove your point later on.

4. You, your 2 children and your mother in law will equally inherit all his properties after his death, intestate. if he executes/registers any gift deed and/or will, the beneficiaries will get the said properties unless the said deed/will is set aside by Court.

5. You should inform the Bank not to entertain any request for transfer of money kept in the bank accounts since he is not in a legal position to sign any document for his ailment duly attaching his medical report.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Husband is suffering from end stage brain cancer. Has lost mental balance due to the disrase. In laws polluted his minds against his wife and he changed the name of nominee (wife) to his mother. How the wife would get the property after his death. They have two minors children aged 5 and one year.

The nominee is just a trust to received the property on behalf of the lgal heirs.

His wife and children together with his mother are class I legal heirs and they are legally entitled to an equal share in his property, hence nothing to be worried about this change of nomination.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Now he treats me as his enemy and even lost his sense of love and responsibility towards the kids. The doctor said patients actually become mad as the cancer (stage4 glioblastoma) progresses. Can I claim his property (flat ) and other after his death.

The doctor' opinion that a cancer patient will become mad is incorrect, there is no such issue or impact to this disease.

As a legal heir the wife is entitled to her share i his property even though he may nominate others.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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