Legal Question in Real Estate Law in India

I and my husband own a flat in mumbai. His name is first and second is my name. We have conturbuted equally for the purchase of the flat.

Now the Society wants us to give the nomintion form. My husband says he will nominate me and I should nominate him. I feel that is not correct. If anyone of us die the joint owner become the sole owner of the flat or no?

He wants to nominate my step daughters who are US citizen for his 50% share and I want to nominate my sister for the 50% of my share.

But this can take place only after we both die. If he dies before me can his daughters claim for his share when I am still alive. Do I become the sole owner? Do I have the right to change the nomination. Same rule if I die before him.

Please give me your expert views to safe guard that if anything happens to any one of us the nominee don"t come into picutre.


Asked on 5/24/11, 12:33 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is advisable to execute a will in respect of your individual share and in that will, it may also be mentioned whether any of the co owner can or cannot change the nomination to the flat. you need legal assistance in this matter.

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Answered on 5/24/11, 10:09 pm
Shrichand Nahar S.V.Nahar, Advocate

A nominee is not the legal heir, but merely a trustee of legal heirs.

Further, nomination can be changed at any time during the life time of the member/shareholder of the Society.

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Answered on 5/25/11, 10:52 pm


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