Legal Question in Real Estate Law in India

What are the Rights and duties of the nominee vis-a vis legal heirs;

I understand that a nominee is a trustee and not an owner.

Are the legal heirs at the mercy of the whims and fancy of the nominee regarding their rights to the property. Is the nominee bound by certain rules regarding distribution of the property rights/proceeds amongst the legal heirs.

Can the other legal heirs insist upon the nominee( who is also one of the legal heirs) to complete the further process within a reasonable time frame or the nominee takes his own sweet time and enjoy the possession of the property and keep others in a lurch.


Asked on 3/05/11, 2:08 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Since nominee is a trustee, he is obliged to discharge his duties as expeditiously as possible.

In the event of failure of trustee, beneficiary may approach court for appropriate reliefs.

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Answered on 3/23/11, 3:29 am


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