Frequent question: Can a nominee sell property in India?

Can a nominee sell property?

However, by virtue of the nomination or the transfer of the flat/shares to the nominee, the nominee herself does not become the owner of the flat/shares or become entitled to sell/transfer the flat to any third party. The purpose of the nomination is to make certain the person with whom the society has to deal with.

Is nominee the owner of the flat?

The nominee merely holds the property in trust for the legal heirs. … Once they obtain the relevant order from the court, the legal heirs become the owners of the property and the society is bound to transfer the flat/apartment in their name.

Who is legal heir for father’s property?

In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it. In case of self-acquired property, since your father died without a will, you will have an equal right to it as you are a class I heir along with your brothers and mother.

Can nominee withdraw money from bank after death?

In case of sole account holder being deceased or all joint holders of a joint account being deceased, a nominee can file the claim with the bank. There are various official documents that a nominee can provide to establish his/her relationship with the deceased account holder.

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How do you transfer property to nominee after death?

A member of the society may by writing under his hand in the prescribed form, nominate a person or persons to who the whole or part of the shares and /or interest of the members in the capital/property of the society shall be transferred in the event of his/her death.”

Who will get property after a person’s death?

In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. The legal heirs are further classified into two classes- class I and class II.

Can Bank nomination be challenged?

A challenge can certainly be mounted if there are good grounds. A lot would depend if there is a will or a succession certificate. In any case a nominee can only receive the money but he/ she is not entitled to keep the amount. The legal heirs will receive the assets/ estate as per succession laws.

Who can not be a nominee?

Who can appoint a Nominee? Only individuals holding accounts either singly or jointly can make nomination. Non individuals including society, trust, body corporate, Karta of Hindu Undivided Family, holder of power of attorney cannot nominate. 5.

What if nominee also dies?

If the policyholder survives till maturity, all benefits payable under the policy will be paid to the policyholder. In case the policyholder dies after the maturity of the policy but before getting the proceeds and benefits, then the nominee shall be entitled to the proceeds and benefit of that policy.

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Who gets money nominee or legal heir?

As per Supreme Court judgements, a nominee is merely a custodian of the asset/money, and the actual heir to the FD is the person to whom you left it in your will. If the two persons are different then the actual heir will have to claim the money from the nominee.