Mr. A bought a house in 1969 in his name. After his demise in 1986, the house was transferred in the name of his son(mr.b) as he was the nominee. Mr. A also has a daughter who was married then. In 2005, B died and the house was transferred in his wife's name as she was the nominee. The building then went for redevelopment in the year 2009 to 2015. Now the house needs to be registered. Does A's daughter have a share in the property since it is her father's self acquired property and how much? Does she have to sign a relinquishment deed? B's wife has a daughter & son, who are now 50/50 nominees of the house.
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1)nominee is only trustee for legal heirs
2) B was only nominee of flat . On demise of A both B and his sister had equal share in property
3) it is necessary that relinquishment deed be executed by the daughter ( sister of B ) for her 50 per cent share in the house
At the time of death of her father the daughter had equal undivided 1/3 share in the property along with her brother and mother.
On the death of her mother she inherits equal 1/2 share with her brother in her mother's 1/3 share in the property.
Now if she wish to release her share in the property she can do so by way of execution of one deed of gift or deed of relinquishment.
1. It is not understood as to what do you mean by saying "the house was transferred in the name of his son(mr.b) as he was the nominee",
2. Persons are nominated for flats in a co-operative society and individual independent house will not have any nominee,
3. However, if you belong to Mitakswara School of Hindu Law, as per the recent Judgement passed by the Supreme Court, you being the daughter will not be entitled to any share of your father's property if your father has demised before the year 2005.
The flat is a co-operative housing society in Mumbai. A's daughter was married & settled in Kerala at the time of A's death. A expired in 1986 & B expired in June 2005. So accordingly please advise. Also, if B's daughter who is a 50 percent nominee, have a share as per law or not? The old registration is still in A's name. Only the share certificates have been transferred accordingly.
1. So, it is now clear that it is a flat in a Co-operative Housing Society and not a house,
2. As per law, nominee of a property owner is the trusty/custodian of the said property to be owned by all the legal heirs of the deceased owner,
3. However, as per recent Supreme Court Judgement, daughters will not have any share on their deceased father's property/house if he has died before the year 2005.
Actually a nominee under the circumstance is just a trustee who can receive the properties on behalf of the legal heirs and disburse it to them as per law. So strictly speaking, B, the son of deceased was just nominated in the society by his deceased father and the father did not bequeath the property to his son by a Will or have not transferred the property by a settlement or gift deed, so the acquisition of the property by on B is invalid and illegal. His sister and mother (if she was alive then) shall also be entitled for a legitimate share in the property.
Based on the above information, the sister of the deceased brother has to relinquish her rights in the property now which is going for redevelopment, by executing a registered release deed.
The flat is a co-operative housing society in Mumbai. A's daughter was married & settled in Kerala at the time of A's death. A expired in 1986 & B expired in June 2005. So accordingly please advise. Also, if B's daughter who is a 50 percent nominee, have a share as per law or not? The old registration is still in A's name. Only the share certificates have been transferred accordingly.
The A's daughter is entitled to 50% share in the property, she can very well claim her legitimate share in the property. Let the share certificate be on any one's name, a rightful share in the property is available for the daughter of the deceased flat owner.
It becomes her choice and desire either to claim her share through partition or to relinquish her rights in favor of the heirs of the deceased brother by executing a registered release deed.
1) A daughter has 50 per cent share in property
2) on B death his 50 per cent share would devolve on his wife and kids
Nomination does not amount to ownership as a nominee is only a trustee for all the legal heirs. In the absence of a will executed by A all his heirs i.e his widow and children succeeded equally to his property. As a corollary thereto, A's daughter can file a lawsuit for partition to cull out her share in the property. She is mandatorily required to execute the relinquishment deed.
