Can an individual turn into the proprietor of a flat or property merely by the advantage of being made a nominee within the type submitted to a housing society? Also, does a will or testomony supersede the nomination in such a case? And, is a probate obligatory for wills?
—Name withheld on request
It is settled regulation {that a} nominee doesn’t turn into the proprietor of the property. Nominee holds the property in belief for the authorized heirs.
The position of a nominee in case of residences / flats in housing society or a condominium is restricted to that of a consultant of the authorized heirs of the deceased member and in no method turn into the successor changing the rightful authorized heirs. No rights and advantages are created and prolonged in direction of the nominee when the authorized heirs are alive.
Nominee is simply an individual with whom the society or a condominium can cope with pursuant to the demise of the member, up till the rightful authorized inheritor doesn’t come ahead to hunt switch of the rights within the property.
The purpose behind nomination has been that title or rights to the property can’t stay in abeyance and therefore till the rightful authorized heirs comes ahead to hunt a switch, there’s a one who can oversee the affairs of the property.
In case the deceased has left behind a will and has additionally nominated an individual by advantage of a nomination type, then the individual to whom the property is bequeathed below the need, shall be entitled to the property versus the one that has been nominated below a nomination type. A nominee’s rights doesn’t supersede the rights of a beneficiary below a will.
In a nutshell, a will would prevail over nomination.
Under Indian succession legal guidelines, a probate of a will is obligatory if the need or codicil has been executed in Kolkata, Chennai and/or Mumbai, or, if the immovable property is located in any of the aforesaid cities even when the need is executed in some other place.
Harsh Parikh is companion, Khaitan & Co.
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Updated: 29 Aug 2023, 11:04 PM IST
