Legal Question in Real Estate Law in India

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A property was brought by a married couple, & the Home loan was solely taken by wife & is still on going. In the agreement, names of the both copules are mentioned (first applicants Wife & second Husband).

The society nomination form was filled by that husband keeping nominee as his mother, who was having 50% share.

After some duration of time, that husband dies.

Now that Mother in law wants to claim on that property has per that share of her son.

This wife has filed a case in the Registrar & the verdict was in favour of that wife that

�If the first owner is alive hence nominee has no rights to claim any part of the shares� & as per her further plea to change the nominee the Registrar has given a deadline of 2 month from the date of verdict to the society to change the nominee has per the wife�s wish.

1. Can that mother in law challenge this verdict in upper court, & if yes what is the possibility of verdict.

2. Also can she sale this flat.


Asked on 7/04/16, 12:16 am

1 Answer from Attorneys

1) No. Nominee is only a trustee but not owner.

2) Yes.

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Answered on 7/04/16, 2:38 am


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