Legal Question in Real Estate Law in India

Rights

My mother -in-law and my husband has purchased a home on loan basis. which is under construction as it is under redevelopment scheme.

There are no shares issued we have pruchsed directly from builder

I want to know am i the legal heir of the flat after my husband. or my mother-in-law has all the rights on it.

Or what if they nominate me as nominee. Will he r tow childrens will be able to objection on me.


Asked on 11/01/07, 12:09 am

4 Answers from Attorneys

Re: Rights

Nomination does not confer any right of inheritance to nominee and nominee shall be entitled to receive the property in the capacity of trustee only.After the death of your husband you mother-in-law shall become sole owner but shall be entitled to inherit and to claim the share of your husband.In case of need contact with details.Professional charges are applicable.

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Answered on 11/01/07, 1:28 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Rights

Your mother-in-law would be one of the legal heirs of your husband. Nominee is only a trustee for legal heirs. If it is a self acquired property, Will with nomination can be considered.

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Answered on 11/01/07, 1:15 am
muhamed mustaque mk associates

Re: Rights

normaly devoulution of the immovable property based on personal law of the person.Therefore you will be inherited husband`s share.However mother law`s right will be inherited by your husband and other two children after her death.Thefore if you want to have share of mother in law it is better to have will executed by mother in law infavour of you , other wise other two children will also get the share.Regarding nomination it has no legal validity to exclude inheritance unless it made by way of a will.

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Answered on 11/01/07, 2:32 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Rights

Your mother in law would be considered as legal heir.

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Answered on 11/01/07, 2:33 am


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