Saturday, October 13, 2012

A nominee is merely a trustee or an agent on behalf of all the legal heirs

My father has a flat in a society in Charkop at Kandhivili and he has nominated me, as I am his elder son and there is no objection from my younger sister, brother and mother. Can I be the legal owner for the flat after my father?
—Raju

Simply by nominating you as a nominee by your father, for which no consent will be necessary from other legal heirs, you cannot become the legal exclusive owner of the flat after your father. A nominee is merely a trustee or an agent on behalf of all the legal heirs of the deceased and you, as a nominee, may be entitled for a share therein as one of the legal heirs. If your father has not left a will, the succession will be governed by Hindu Succession Act and all the Class-I legal heirs of your father i.e. yourself, mother, brother, sister (married or unmarried) grand-mother, if alive, will be entitled for equal share.

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