Legal Question in Real Estate Law in India

Re:Nomination-State:Maharashtra
A member (a Muslim by religion) of the Coop. Housing Society had nominated 3 persons, i.e. his wife and 2 sons to his flat property where he was living. A few years back the member died. Before his death, his wife (first nominee) also died but the member had not made any changes in the nomination after her death. As the member and the first nominee (father & mother) are no more it is believed that the legal heirs to the deceased are entitled to have their own right on the member�s property. The legal heirs now are the 2 nominated sons, 1 un nominated son and 2 married daughters.
The 2 sons (who are remaining in the nomination) are now trying to get joint membership in the society to have a claim on the property leaving the married sisters and a brother. Pl. clarify whether this is in order. Pl. also mention if the married sisters are executing and submitting a notarised Affidavit non claiming any right on the property to the society, will it become proper to the 3 sons to apply for joint membership in the society? Kindly explain.
Thank you.

Asked on 12/28/10, 8:50 am

Shrichand Nahar S.V.Nahar, Advocate

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Succession or inhritance is governed by the law of succession governing the deceased and not by nomination.

Nominee/s is/are merely trustee/s of the legal heirs of the deceased.

Answered on 12/28/10, 9:22 pm

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