• Nomination procedure in a housing society

My grandfather expired in Nov 2016 and is survived by his wife and 5 children (4 daughters and 1 son). The property is in the name of my grandfather and now the society is forcing my grandmother to make nomination under 6 months. Is it such a rule? And also if my grandmother chooses my uncle (the only son) as a nominee, does it mean he has rights to the property? What is the difference between a nominee and legal heir?
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

1)on grand father demise your grand mother and 5 children have equal share in the property

2)your grand mother cannot make nomination as she is only one of the legal heirs to property

3)nominee is only trustee for legal heirs

4)for sale of the flat consent of all legal heirs is required

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Nominee in a society is not a title to the property.

A no mine can receive the shares or the property on behalf of the legal heirs and distribute them equally to all other legal heirs.

Thus a nominee is a trust.

Your grandmother can nominate your uncle as her nominee, but the property actually devolves equally on your grandmother and her 5 children equally thus each one shall be entitled to 1/6th share in the property.

All the six are the legal heirs to the deceased.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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