Nominee property related
7 months ago
Couple has two daughters (A & B) – Father is dead – Mother favouring daughter A, who has been given nomination to two flats – While daughter B is given nothing and treated step motherly. How should daughter B go about. Both daughters are married.
A.Dear Client,
Your query requires more information to respond suitably. However, it may be informed in short that if both the flats is singly owned by the deceased father who left it intestate, then all the surviving legal heirs are entitled to an equal share in the said property. A nominee holds the flat in a fiduciary capacity, i.e. as a trustee for the legal heirs of the deceased till such time the legal heirs are determined by the applicable succession laws. A nominee does not become the owner of the flat by virtue of the nomination. It is the well-settled legal position that a nominee is merely a trustee and shall hold the flat in his or her capacity as a Trustee till the time the legal heirs of the deceased member are ascertained. Nomination does not give the ownership right to the nominee. Society cannot transfer the flat to the legal heirs of the deceased unless the due process as stated above is followed and submitted by the legal heirs of the deceased member. As per the Hindu Succession Act of 1956 and the Indian Succession Act of 1925, children acquire rights by birth over ancestral property as well as self-acquired property, if the father passes away without a Will, the children, being a Class I heir, has the primary claim. Section 6 of the Hindu Succession 1956 Act was revised by an amendment of the Act in 2005 to make married daughter's rights to their father's property identical to those of a son. Reach out to an Advocate for further guidance and steps.
Your query requires more information to respond suitably. However, it may be informed in short that if both the flats is singly owned by the deceased father who left it intestate, then all the surviving legal heirs are entitled to an equal share in the said property. A nominee holds the flat in a fiduciary capacity, i.e. as a trustee for the legal heirs of the deceased till such time the legal heirs are determined by the applicable succession laws. A nominee does not become the owner of the flat by virtue of the nomination. It is the well-settled legal position that a nominee is merely a trustee and shall hold the flat in his or her capacity as a Trustee till the time the legal heirs of the deceased member are ascertained. Nomination does not give the ownership right to the nominee. Society cannot transfer the flat to the legal heirs of the deceased unless the due process as stated above is followed and submitted by the legal heirs of the deceased member. As per the Hindu Succession Act of 1956 and the Indian Succession Act of 1925, children acquire rights by birth over ancestral property as well as self-acquired property, if the father passes away without a Will, the children, being a Class I heir, has the primary claim. Section 6 of the Hindu Succession 1956 Act was revised by an amendment of the Act in 2005 to make married daughter's rights to their father's property identical to those of a son. Reach out to an Advocate for further guidance and steps.
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