Legal Question in Real Estate Law in India
In a property(flat) issue what is the role of a Nominee--who is said to be the trustee for the legal heirs?
& what about if the Legal heirs & Nominee are in proper terms. what happens to the flat that has to be rented--the money from renting will be in whose possession, legal heirs or nominee
2 Answers from Attorneys
Nominee is the beneficiary. None. Legal heirs have no role until unless they obtain orders from the Court of Chief Judge, of the District. Nominee have powers under the Indian Trust Act to give benefit to the Legal heirs. The money will be in the possession of nominee only.
The legal heirs, and not nominee, are the true owners and entitled to inherit in accordance with law. The nominee may hold income/money in his possession till such time the legal heirs are legally competent with regard to minority etc.
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