Nominee Vs Legal Heir| Who will inherit property ?| Part 1| Role of a Nominee| No Will|
Vložit
- čas přidán 9. 12. 2020
- Rights of a Legal Heir succeeds Rights of a Nominee. This is the basic and most common difference between the two. Often there is a lot of confusion between the meaning of a nominee and a legal heir. Watch this video to safeguard your property properly.
For legal advice on Property Transfer, please visit our website www.thestudiolegal.com
Links for related videos:
Gift Deed- • Gift Deed| Validity| R...
Relinquishment Deed- • Relinquishment Deed| S...
Speaker: Adv. Mohini A. Maroo
Legal heirs can challenge will .after 20 year?
Excellent Excellent Excellent
Crystal clear!!!👍Thanks!!
Thanks for this valuable explanation. Can you please quote which sections are these mentioned in?
Excellent ma'am.
Kindly translate your videos into English language.
For the students who are studying in Hindi medium, must understand that higher courts and supreme court never entertain complaints or briefs or any kind of legal documents in Hindi.
Life long sach advocates who pursue their legal studies in Hindi cannot practice or find it impossible to practice in higher courts.
English is a must for everyone who wish to practice in higher courts or supreme court.
Mam ur teaching is awesome
You are great advocate
Sir 20 sal pahle 2004 mai ek will banay gay thi .jis main ek maa ko( 3 daughter) hai wo sirf (1 daughter )ko will naam ki.( 2 daughter) she can will challenge?
Fascinating.👍
Thankyou !
Please advice I have added my mother name in property 25 years back as co applicent now my mother is expired will co applicent my monther remaining son and daughter claims for property? Which I purchase on my own.
Thank you 🙏🏻
Thankx.
In this case, are the daughters C & D Joint Owners? If yes, in case if one of them died, how the property will be transferred?
Can an associate member who is the wife of the member fill the nomination from and give it to the society? Please reply
After death of the original member when nomination form gets activated and nominee becomes provisional member, who will be fill next nomination form. Does provisional member have the rights to fill nomination form or society has to wait till legal heir comes on record
👌
Hello Mam, greetings from Depty Biswas....Kindly inform a foreigner(Bangladeshi) can be nominee of insurance? N.B: my husband is an indian citizen and i am Bangladeshi but staying in india.
Salam madam I am from Pakistan can u plz make a lecture on joint account with either or survivor rule of law in succession certificate. If the main applicant dies n survivor says that amount in the acount is mine.then what happened I mean is the survivor become the owner or the all the leagal haiers have the rights according to shariyat and pakistani laws? Jazak allah khair
Mam can a nominee will claim a share in insurance policy.
meri mother ki death ho gyi thi jab ma 2 years ka tha fir mere father ne dusri shadi ki ab jis makaan me hum rehte hain wo meri step mother ke naam hai kya wo ye makaan kal ko mere siwa kisi aur ko bhi de sakti hai kya? Agar aisa hota hai to ma kya legal action le sakta hu?
Mam,
My mother is a nominee.Her name in adhaar card is neha sharma,in every part i am using her name neha sharma as a nominee but in my Study certificates her name is Jyoti Sharma.
Kindly guide me that i should mention jyoti or neha sharma? I shall be very thankful to you for this.bcoz she has changed her name during adhaar card.
Useful video 👍
Glad you liked it
I am a nominee of my husbands self acquired property and i want to give it to only one child can a mother as a nominee give all the property of her husbands self acquired to only one child who takes care of me
If legal has taken a loan in property after his death .....does nominee will pay the loan .....to bank....??
What if there are no legal heirs and only nominee ?
Good explaination
Thankyou !
नमस्कार🙏🏻
अगर फ्लैट पर होम लोन चालू है। और वह फ्लैट और होम लोन मां और बेटे के नाम पर है। और मां फर्स्ट ओनर है। और मां का देहांत हो गया है। इस केस में नॉमिनी फॉर्म पहले भरा होगा तो लोन क्लोज करते वक्त बैंक ओरिजनल डॉक्यूमेंट वापस देगा क्या?
और अगर नॉमिनी फॉर्म नही भरा था तो होम लोन क्लोज करते समय बैंक ओरिजनल डॉक्यूमेंट कैसे वापस देगा? उसकी क्या प्रक्रिया है?
कृपया दोनों केस के बारे में मार्गदर्शन कीजिए।
धन्यवाद!
Nyc
Madam please let me know that Can anyone register property WILL of one state in other state...
For example...WILL of a property of Delhi can be registered in Haryana.....????
WILL has to be registered only in that place where the testator is residing.
For complete information in this case you can contact us at
studiolegal21@gmail.com or visit our website www.thestudiolegal.com
👌👌
I am interested to watvh next episode
its already there on the channel
My moms provident fund received by my dad in capacity of nominee...then in case of provident fund who is the owner nominee or legal heirs...there is no will
Legal Heirs are the true owners.
For further information you can email us your query or directly contact us through whats app, contact details are mentioned on the website.
www.thestudiolegal.com
My husband and i purchased self aquired joint property in our name. My husband is first holder and i am second joint holder in the property. My husband is no more. All the payment are done by myself and my husband when he was alive. Now if I have to transfer it in my name can it be done??? Do my inlaws have any rights in our joint property???? Do I have to take noc from inlaws to make the property in my name??? If they don't agree then what I can do???
My inlaws have property at village which is their self aquired after my husband death they gifted all property to his big brother wife. Can they claim our property also??? Please guide. In village in my inlaws property even my husband has contributed for building home. Can I challenge that gift deed because my and my husband money has been invested to make that village property.
You are the class I legal heir and rightfully entitled to your husband's property.
Please email us your query at studiolegal21@gmail.com for further legal advice.
Mam mera jo flat he usme me first owner hu n second husband he n jab humne flat liya Tab share certificate n nomination ka kaam nhi hua tha Vo sab abhi chalu he n abhi mere husband ka death hua he 6 months phele to jo nomination form he Vo me bharugi na plz guide me immediately 🙏
I did not understand your question properly. You dont need to fill in the nomination as of now. Instead start the procedure to transfer his share on on your name.
Nice..Mam i have made my wife as nominee as we are joint owner of the flat but her name is not ther in the share certificate. If something goes wrong with me
how she will get owner rights in the property..or does she has to prove that.
for putting your wife's name in the share certificate, you need to gist the flat to your wife. or else make a WILL and bequeath your Flat to your wife.
For further clarification please write to us on studiolegal21@gmail.com or visit our website www.thestudiolegal.com
What if there is a contradiction in the will different daughter and in nomination different one
This is what is explained in the video. Rights of the legal heir will be prevail over the nomination which means property will transferred to the legal heir who's name is mentioned in the WILL as a beneficiary.
Very informative video on nomination, Mam I have purchased flat in joint ownership with my brother and we both wants to nominate same person as a nominee. Hence please inform can we fill single triplicate form which has both the owners name and signature. Will it be valid? Or seperate nomination form needs to be fill by both the owners for single nominee
this depends on the provisions of the Bank. Being a joint owner, you can nominate any person you prefer. But the mode of nomination will depend upon the ways of the Bank
@@StudioLegal thanks for your reply, however the above question was related to housing society nomination not for bank.
Hence please guide.
Same procedure will be applicable.
I am the owner of the flat which I bought it and thier is no nominee can I give the power of attorney to my sister to take decision on my behalf is she can sell the flat
You can execute such power of attorney to sell the Flat. And this Power of Attorney has to be registered with the sub registrar where the property is located.
Nominee has no role in managing the property when the owner is alive.
For draft of the above document
email us at studiolegal21@gmail.com
@@StudioLegal My flat is in vasai w. can you please tell me what will be the registration fee. And if I make the power of attorney to my sister house tax bill and electricity bill can be change in her name through this power of attorney and one more thing if anyone want to purchase this flat through loan can he be able get loan as it is manage by my sister.
Ma'am self acquired property जिस व्यक्ति की है उनकी डेथ के बाद अगर वसीयत नहीं छोड़ी है तो बाकी उत्तराधिकारी जो भी है उनके लिए पैतृक संपत्ति होगी. और घर में ही किसी एक सदस्य के कठिन समय में बाकी लोग पारिवारिक समझोता एक 100 रू के स्टाम्प पर बना ले उसमे लिख दे कि इतने रू मिल गए हैं अपना हक त्याग रहा हूं. और बिना सब रजिस्ट्रार ऑफिस में उपस्थित हुए प्रॉपर्टी बेच दे तो वो व्यक्ति अपना हक कैसे ले.
साथ ही अगर घर के सभी सदस्य वसीयत के अभाव में किसी 1 को प्रॉपर्टी का नॉमिनी बनाते हैं तो क्या उसे प्रॉपर्टी बेचने का हक है.
Namaste mam, very nice video..My sister in law is nominee in FDR but..she want to keep all the money. As a legal heir what we can do...I have only one daughter. After making succession certificate bank will give money to us. ..I want to discuss my case.. NSC/ Locker .what is the procedure..... to get telephonic appointment.
For appointment you can write to us on studiolegal21@gmail.com or else visit our website www.thestudiolegal.com, you will find contact details therein.
but one question.the nominee daughter A is also legal heir also.
that is what the subject of the video is all about. Though she is the nominee unless her name is written in the WILL, property cannot be transferred to her.
Hi mam, my grandfather (died) added me as nominee because I was with him since birth. But now my 2 uncle who are legal heirs filed a case on me. So can I still fight a case with them. I don't want them to get all benefits neither my grandfather wanted so he put my name as nominee. My uncle wants to sell the property and get all the money nor even want to share with my mother who is their sister. Request you to plz help or advice me on this 🙏
If you watch the video, I have mentioned legal heir right will be greater than Nominee. If your grandfather had made a WILL during his lifetime, WILL will have greater importance.
According to your question, if your uncles want to sell the property, they cant unless your father gives a no objection, because he is also the rightful joint owner of the inherited property. If your father is not alive, then his legal heirs that will include you, can legally claim your right's in the inherited property
@@StudioLegal hello ma’am
In my neighbor there was a old man approximately 82 years old bt he don’t have any children so he make one of his relative as a nominee bt after few years due to some dispute he tell me to change the nominee
He updated kvc in which my mobile no and email id was registered and he sign the nomination form bt bank told me that you can change the nominee by mobile banking so I have done same thing bt after his death I submitted all the papers to the bank bt now Bank telling me that there is one more nominee which I delete from the mobile app so now should I will get the fund or his relative will get the fund ya fir we both will get the fund
Good evening ma'am. Pl guide me in this matter.. मेरे पिता सबसे छोटे बेटे है और उनके दो बडे भाई थे । सबसे बडे भाई नही रहे । मजले भाई का कोई अपत्य नही था । बडे बेटे के भाई के बडे बेटे ने उनको भुला पुसला के अपना नाम उनकी सारी प्रॉपर्टी मे as a nominee लगवाया। चार साल पहिले मजले काका की मृत्यु हो गई और बडे भाई के बडे बेटे ने नॉमिनी का हक दिखाकर सारे पैसे निकलवालिए। क्या मजले भाई का, उनका सगा भाई, छोटा भाई उस पैसे का हकदार नही है क्या? हम इस मामले मे आगे क्या प्रोसीड कर सकते है.. सर प्लीज हमे गाईड कर दीजिए । हम आपको फोन कर सकते है क्या?
Thank you so much for this important video 🙏🙏
Our pleasure!
Thankyou . My father bought two flats for 3 brothers (as a joint family). We were 3 brothers staying in these 2 flats with our families.
My father didn’t do a Will but the share certificates were in name of my two brothers since I was still an undergraduate during that time. We are residing in this society for the past 45+ years ?
In late 90s, we converted these 2 flats into 3 independent units with mutual understanding and now society is proceeding for redevelopment without considering my rights of ownership.
What rights I have on my society membership, new share certificates with society and claiming ownership of the house?
Please advise.
What in case if an old man is having only one adult single child??And that only child is the nominee?? Will the flat get transferred in his name bcoz he is not having any siblings behind??
if no other class 1 legal heirs then yes !
What if one of the legal heirs is the only nominee mentioned in bank account. Can rest of legal heirs take any objection in such scenario.
For example.. husband kept his wife as the only nominee in bank fixed deposit. They both have three sons. After death of husband, bank gave entire money to wife. So now, can two sons take any objection if she wants to gift all money to only one son who is looking after her. Please guide.
we can advise you further.
You can contact us through email studiolegal21@gmail.com or visit our website www.thestudiolegal.com for contact number.
Just came home after giving my law exam
Mam please reply iam your new subsriber mam mere dada g ki death ho gai gai to mere father legal heir certificate aaply kar rehe hai for family penshoon kykuui mere father handicaped hai to kya mere father ke sabi bhai behno ka bhi adhar proff chyie hoga? Please mam
Your father will have to disclose information regarding his siblings which is normally supported by aadhar card.
Along with your father his siblings are also eligible legal heirs to their father's property.
@@StudioLegal pleasw mam hindi me bataye muje samj nahi aye🙏🙏pleasw mam hamne legal heir certificate family penshion ke liye banana hai
apke papa ko legal heir certificate ke liye unke real (sagge) bhai or behno ke details batane honge, jisme aadhar card use hoga identity proof keliye.
@@StudioLegal ok mam tx
In nomination form apart from flat details , want to put details of my servant room and parkings I own. Society is confused. But its my basic fundamental right .
if the servant's room is attached to your property which forms the part of your property area in the sales agreement then only you can nominate any person or transfer the servant's room through any legal way.
About the car parking, if you have bought the same separately, then ofcourse you can include in the same in your nomination
@@StudioLegal thanks mam for reply.
Servant room and parking were allocated by builder to the flat buyer.
Society terms servant room as open spaces, while actually its proper servant room. Approved by municipal corporations.
While society gives reasons for parking is parking cannot be sold and no one has mentioned parking in society nomination form.
There is a FD and the person is dead . no will was written by the deceased person . now the nominee has refused to pay the amount to legal heirs ,and my advocate says you cannot win the case as per the law nominee is the owner of the money
Is it true ? And can i file a case as legal heir ..?
Nominee is not the owner of the F.D.
Please ask your lawyer to watch this video :)
Yes, you can take legal action and also depends upon the amount of the F.D.
Tysm for your reply 😊
Plz make a video on 'second holder' in movable property in case of a intastate death ... Can all the class 1 legal heir have the equal right ??
For cash gift notarised document should work.
we can help you further for such kind of transactions
please email us on studiolegal21@gmail.com or else to know our direct contact details visit our website www.thestudiolegal.com.
I think this word nominee should be abolished. Every senior citizen when they decide to, can give a sinatory authority to a family member who can help account holder to check balance ,withdraw on their behalf or close an account on behalf of the account holder. Similarly an enduring POA is given to a trusted family member to follow the instructions on the POA regarding the welfare of the owner in case they are unable to make decisions on their own behalf due to very old age or becoming mentally incapacitated.Both, signatory rights and POA becomes obsolete once the owner passes away. The will becomes important for next of kins to inherit the properties. An executer can be a lawyer who makes sure that each next of kin are given inheritance as stated on the will
@kamalinimalhotra2695
this is the law, in nomination it is not necessary to put a family member's name
My father has one land property, My father is owner and my mother is nomnee, but now my father wants to give me of half of his land as a gift.
when I will go for registration, singnature & fingerprints will be need of both, owner and nomnee or only owner ...
My father is owner and my mother is nomnee, my father wants to give me half of his property as a gift, when I will go For registration, singnature & fingers prints need to both owner and nomnee or, only owner singnature & finger prints.
Please reply me Mam 🙏
Nominee's role comes into picture only when the owner dies. If your father wants to transfer his share in the property, he can transfer without obtaining your mother's signatures
@@StudioLegal Thank u Mam 😊
Explain if the situation is as stated below
1) An old man nominates his wife as nominee in all his immovable and moveable property
2) The old man has not made any will
3) Also the old man has one son and one daughter
So after the death of the old man to whome will be the rightful owner of his property????
Yes, we can help you with your case
Please email us your query on studiolegal21@gmail.com or visit our website www.thestudiolegal.com for direct contact details.
Same as gpa ??
Not at all. Both concepts are totally different.
Gpa is in effect during the lifetime of the person giving power. Whereas a Nominee
's role takes effect after the death of the owner.
GPA will loose its validity as soon as the person giving power dies. Whereas nominee's role starts after the death of the owner of any property.
Agar old man ko heirs nhi hey to property kisko milegi.. Nominee ya gov
Nominee will have to claim the properties. If no relatives or distant relatives at all, then yes govt.
@@StudioLegal thanks madam. For ur instant rply......... I have one more question..... Pleas Rply me
@@StudioLegal
On the side of our house is the house of an old man, who is not yet in this world. And he has no heir. But now his friend is living in his house .. is this right ... if not, then complain about it
if the deceased old man is your relative, then yes you can complain. But if you have no relation with the old man and his friend is staying in his house, you cannot do much about it.
However, if the friend staying in the old man's house causing you any nuisance and damage, then definitely you can complain on this ground.
But Madam law says that if the dead man does not have an heir, then the property belongs to the government..
If the government does not know about it then, as a indian citizen it is my duty to tell the government about it.
M i right maam.
Can anybody add nephew as nominee
Good info. But can be crisp. The subject itself was boringly repeated 4 times.
A lady has property in her name and has only one daughter. Should the lady opt for nominee or will?
she is should make a will for her daughter
to make the process of transfer very very simple
Can a nominee renominate?
If he has been authorised by the owner then may be yes. Depending on case to case basis
For further legal advice
you can email us at studiolegal21@gmail.com
or else visit our website www.thetudiolegal.com
for on phone consultation.
I want to talk to you madam will u pls give the no to discussing some issues
you can google us !
@@StudioLegal how ?
#YouDeserveMoreSubscribers
so nice of you ! Thanks
@@StudioLegal #YouAreWelcome
Mohini you look beautiful
hey thanks !!
Maam i need some legal advice and help.where can i contact u?
please email your query at studiolegal21@gmail.com
Legal heirs can challenge will .after 20 year?