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Does a Nominee wife become an owner of property after the death of husband


Date: 03 Sep 2016   Posted By: Rafiuddin Z. Sheikh     Group: Lawyers    Category: Indian Law   

Need advise about the legal status of a nominated person. (We belong to a Muslim family).

My father had a shop where he conducted his business of taxi meter repairs. During his lifetime he had made my mother nominee fearing ill treatment from the sons at a later stage. In 2006 my father expired, and since then the shop was given on rent and my mother collected the rent.
Can you advice if my mother becomes the owner and she can sell the property?
The problem is that my sister is having an objection and refusing to accept the mother as the owner and is not signing the NOC.
Request you to give a solution wherein the matter can be solved amicably.
Awaiting advice.


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Author: Kailash Kumar    05 Sep 2016      Member Level: Platinum     Points : 3  (Rs 3)    Voting Score: 0

Legally, the general principles of inheritance under Muslim Law will apply in such cases. However, it may be best for the concerned family to sit together and mutually settle the issue instead of taking recourse for the legal procedure which is likely to involve monetary expenditure also besides mental stress. Also, legal remedy may take unduly long time.

The word 'nominee' used by the author is not fully clear. Was the property transferred to the 'nominee' through a will? Was the shop acquired by the father of the author or it was inherited by his father from his ancestors?

However, in case it is not possible to amicably solve the issue through mutual discussion, then a legal professional may be contacted together with necessary documents for specific and meaningful discussion and further necessary action. Attempts to solve property issues through raising questions in a public forum may not result in any fruitful result.


Author: Venkiteswaran.    05 Sep 2016      Member Level: Diamond     Points : 6  (Rs 6)    Voting Score: 0

Nomination facility is available in cases where a third party owes money to the person,like a depositor in a bank, policyholder of an insurance company etc. I do not understand how a shop can be nominated? It can be given as gift with suitable gift deed. Even when there is nomination in the cases where it is allowed, it is only for the convenience and simplicity in procedures for the nominee and the debtor institution that nomination is more relevant. If there is a dispute the nominee and nominated asset are subject to legal remedy as per inheritance law applicable.

In the present case, if there is no will made by the deceased owner, the legal heirs should either should come to a mutual compromise and a settlement deed made as per understanding. Otherwise all other legal heirs can voluntarily absolve their rights and give a common settlement in favour of the mother.

If any one legal her is not agreeing, then that person can file a case in appropriate court, and the court will pass suitable orders. In the meantime there is a chance for getting injunction on the shop, not to be sold or alienated until the case is finally disposed off. But all these can lead to delays and inconvenience and even mutual bitterness. So better try to come to a mutual agreement on settlement without losing the familial affection.


Author: Partha Kansabanik    06 Sep 2016      Member Level: Diamond     Points : 3  (Rs 3)    Voting Score: 0

Generally the word 'nominee' is applicable in respect of movable properties like bank accounts,insurance policies, etc. The concept of nomination is not applicable in case of immovable properties like house, shop, etc.

I feel that no legally sustainable will has been made by the deceased (your father). So, all legal heirs should try to come to a mutually acceptable settlement in presence of respective lawyers and society elders to avoid long-drawn property litigation.



Author: NK SHARMA    10 Sep 2016      Member Level: Gold     Points : 5  (Rs 4)    Voting Score: 0

You consult a lawyer about the mutation of a property . The mutation of a property is the transfer or change of title entry in revenue records of the local municipal corporation. The change in title ownership is death of the owner and subsequent transfer of the ownership due to succession. As per law, daughters are not allowed to take any part of the father's property if the father has died before 2005. A daughter has the right of property if the father is alive or has expired after 9 Sep 2005. A division bench had opined that the amendment applied to daughters born on or after September 9, 2005. As regards daughters born before 9 September 2005, the judges held that they would get right in the property upon the death of their father. Documents required- legal heir certificate issued by the Revenue Department death certificate,along with application, In your case she has the right in property. You should counsel her to sign NOC or give her if you can.




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