• Two nominees - both legal heirs

My mother has nominated my sister for 95% and me 5%of her flat.The housing society transferred the flat to her name after both my sister and I gave up our right and gave NOC to society to transfer the flat in my mother's name.Since my sister is a divorcee and lived with my parents,we had spoken among ourselves that my sister should get 75%and25%should go to me.So I am shocked and betrayed by my mother's action.We have very good relationship and I have done a lot for my parents.
Asked 5 years ago in Property Law
Religion: Sikh

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8 Answers

1) nominee is only trustee for legal heirs

2)on mother demise you can file suit for partition to claim your 50 per cent share in flat

3) seek injunction restraining sister from selling flat

4) nomination can be changed by your mother during her lifetime

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

As per the share certificate you are only entitled for 5% of this is in the flat. Everyone has a responsibility towards their parents and they cannot praise their work towards their parents

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

This is my response to you:

1. Nomination of flat has no value;

2. But it is better that you cancel the nomination;

3. Since you are Sikh, Hindu Succession Act will apply to you and therefore the property will be divided half-half;

4. But if your mother has made a Will then the Will has more legal value than any other document;

5. Therefore ask your mother to reconsider and divide the flat 50-50 via a Will;

6. That seems the best option to avoid any future disputes within the family.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

hello,

has the promise given by your mother in writing? if not then you have to talk to your mother about it. talk to your sister also and if the sister is ready then even if your mother is not willing then too, she can give 20% of her share after your mother.

lastly, the NOC can be challenged but it would be disastrous for your relationship and the outcome is doubtful too.

regards

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. your mother can always change the nomination during her lifetime

2. a nomination does not mean that the nominee will become the owner of the flat after the demise of original member when society transfers the share certificate to the name of nominee

3. a nominee only stands as a trustee on behalf of all the legal heirs of original member

4. therefore when society transfers shares to the nominee's name that does not mean that the nominee becomes owner of the flat

5. despite the nomination, your and your sister's share in the flat after the demise of your mother will be equal i.e. 50:50, unless your mother has not disposed of her flat during her lifetime by sale, or has made a bequest of her flat disturbing the normal line of succession, or if there are more legal heirs than two, in which case the flat will devolve on all the surviving legal heirs equally

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

The nominees will not be entitled to title of the property.

Until your mother has transferred the property to anyone by a registered settlement or gift deed, the property shall remain in her name alone.

The property will devolve equally on all her legal heirs after her lifetime provided she passes away without making any decision about the property during her lifetime.

Therefore you don't worry about this nomination.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

A nominee is just a trustee to receive the property on behalf of the legal heirs and to disburse the same to the legal heirs as per law.

Hence you should not be worried about this at this stage itself.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Sir,

Nomination cannot succeed the right of succession.

Only being nominee is not enough for your sister to be the owner of a property.

Nomination only gives you the right to handle the administration of the property after the death of the real owner of the property.

You both can get a gift deed done by your mother in both of yours favour to avoid tax.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

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