What Does It Legally Mean When One’s Name Is Shown As A Nominee On The Property Documents?
Question asked by Ms. Yamini Mehta :
Dear Sir/Madam, I saw your real estate property advertisement in the news paper. I will very much appreciate your immediate reply in the following matter. I have following questions about Indian property – real estate and family or any other applicable laws and procedures in the state of Maharashtra (Mumbai), India.
If a married son owns a flat (apartment) in a Co-operative Housing Society in Mumbai and his mother’s name is shown as a “nominee†on the property ownership documents then what kind of legal ownership rights does the mother has in case of son’s death?
What does it legally mean when one’s name is shown as a “nominee†on the property documents? In this case, what kind of legal rights to the property ownership does the wife of the son has? (specially, if son is dead)?
If the son has a “Will†indicating that the ownership of the flat should go to the mother after his demise, can son’s wife still claim the ownership of the flat and get the legal ownership of the flat after husband’s demise? Or whatever is on the Will, will prevail over the property and any other applicable laws?
In other instance, if mother’s name is listed as a co-owner of the property (flat) along with son’s name, (that is, if mother and son are joint owners of the flat) and son dies; does the mother become the sole owner of that flat automatically? Or in this case, son’s wife can claim the ownership of the partial property (flat) which is on her husband’s name and can become the part owner of the flat? In the above matter, what is the best legal way to secure property on mother’s name (who is in ill health), so the property (flat) cannot go to son’s wife as an owner or part owner after son’s demise. Please reply soon this is an urgent matter.
Thanks.
Sincerely,
Yamini Mehta
Vatsala Answers:
The apartments in Mumbai are owned by virtue of owning shares. Shares can be transferred to the person who is shown as nominee on the share certificate, by virtue of which the title to the apartment also changes. However in one judgment, the Supreme Court has held that the nominee can act only as a trustee and should distribute the property to all the legal heirs in case of
death without a will. If there is a will, it will prevail over all other legal rights. In the case of joint ownership of a flat, the half belonging to deceased husband will devolve equally on all his legal heirs in the
absence of a will. A will can be executed by the ailing mother now to whomever she wishes. The Maharashtra Co-Operative Societies Act should also be looked into and consultation with a local lawyer is advised who can check the precedents in the state.Vatsala
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