The flat belongs to your grandfather and now to your grandmother. She can give it to anybody including you. Nobody can have a say in that.
Nomination in society
Hi Sir/Madam, This is regarding my Grandfather's flat. He expired in 2011 and he did not write any WILL. However he had nominated my grandmother's name in the flat's co - op society. Now my uncle has taken all other assets of my grandfather. Only this flat is still under my grandmother's name. My father also expired in 2006 leaving his widow and daughter(me) behind. If my grandmother writes a WILL and put my mother's name in the WILL for this flat, can my uncle has any claim on this? My grandfather had bought it with his own money and it was not inherited. Thanks
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
So does nomination in society mean that my grandmother is the current owner of flat? Or can any other legal heir have a claim on it?
Asked 4 years ago
Hi,
Your grandfather's property, in absence of a will, has to be distributed equally among his wife (your grandmother) and his children (your father & uncle). Since, your father expired prior to your grandfather, his (your father's) share will be divided to his wife(your mother) and children (yourself).
Nominee, in a society, is just a caretaker of the property and not owner. Hence, your grandmother can not give this flat to anyone since no one is the owner of the flat at present. The property is still in the name of your grandfather and it has several legal heirs including your Grandmother,uncle, your mother and you. Contact a local lawyer to transfer all the properties of your grandfather equally among all the legal heirs.
All legal heirs has rights in the flat. making nomination means assigning the flat to grandmother,including share certificate and possession.
Your grandmother mother is owner of the property only in society records she is not owner of the property in revenue records because after the death of your grandfather property will be divided among all the legal hairs including your grandmother definitely your uncle will have his share in the property along with you all
Nominee is only trustee for legal heirs
2) your grandmother has only one third share in flat
2) your father and uncle have equal shares
3) grandmother cannot execute will for entire flat
4) she can execute will for only one third share in flat
Other legal heirs can claim equal share in flat
No. Nomination is different from ownership. Nomination is trusteship
Nomination dose not give ownership. GM have 1/3rd share which she can bequeath to your mother and u. You and mother already have 1/3rd share in flat. Rest 1/3rd of uncle.
Dont bother now and let the GM declare herself sole owner and bequeath the flat to you.
Claim of uncle will face later when any dispute will arise.
- As per section 25 of the Maharashtra Co-operative Societies Act, a member would cease to be a member of a society on death. But his holding and other interests do not lapse, and they pass on to his heirs or legal representatives and the society is bound to transfer the shares or interest to them.
- Further, section 30 of the Act provides that the society shall transfer the share or interest of the deceased member to a person/s nominated in accordance with the Maharashtra Cooperative Societies Rules, and if no such person is nominated then the committee of the society shall transfer it to such person as may appear to the committee to be the heir or legal representative of the deceased member.
- Hence on the death of your grandfather, the share or interest of the deceased shall be transferred to your grandmother ,who is a person nominated in accordance with the rules.
- However, as per law, your grandmother being the nominee does not become the absolute owner of the property, and she has no power, authority or title to alienate the property to the exclusion of the other legal heirs of the deceased member.
- Since, your grandfather died without a WILL , hence all his legal heirs are having equal right over the property left by your grandfather. i.e grandmother, your father and uncles, and further after the death of your father , his share will be devolved upon you and your mother .
Your grand mother cannot execute gift deed for entire property.
Your grand mother is only a nominee not absolute owner.
In said flat all legal heir class1 can claim equal share and your grand mother share is 1/3.
1. If your grand mother writes a will in favour of your mother then your uncle cannot claim share from that property which is given to your mother through will.
2. The will should be registered so that it cannot be challenged after death of your grandmother.
No she is the owner of the flat.
The property left behind by your grandfather , upon his intestate death, shall devolve upon all his legal heirs consisting your grandmother and their children,] your deceased father's share out of his deceased father's proeprty shall devolve upon his own legal heirs consisting his wife, children and his mother.
Therefore you also can file a suit seeking partition and separate possession of your legitimate share in the properties left behind by your grandfather out of your father's share in the properties.
In the given situation your grandmother is just a nominee for the flat in the society and not an absolute owner of the proeprty, hence she can bequeath only her share in the property to your mother's name and not the entire property in which all other legal heirs have a share as a right.
The nominee of the flat cannot become an absolute owner of the property even though he or she may have a share in that property.
It shall devolve on all the legal heirs of the deceased owner.
This is my response to you:
1. Nomination does not transfer ownership;
2. The legal heirs have the claim on the property;
3. The legal heirs have to obtain a letters of administration from HC;
4. Consult a local lawyer and take steps.
