My mother in law had nominated all three children ( 2 boys + 1 girl) with equal shares in the house. No will made by her. My mother in law expired few years back. My husband expired few months back. The society member is my brother in law and in the society nomination form he has added his wife, sister and brother. Is my brother in law automatically the owner of the house. My son is 22 yrs old. Can I add my son's name in my husbands place. Does my brother-in-law has right to object. Can the share certificate of society hold multiples names.
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on mother in law demise flat would be transferred by society in name of the 3 legal heirs . nominee is only trustee for legal heirs . your BIL is not the owner of the house
2) your brother in law can in respect of his one third share nominate whom soever he so desires
3)you can add your son as nominee in respect of your one third share of flat
4) your BIL cannot object as you are free to nominate whom so ever you please
BIL is ignoring our request of adding a nominee. Society will only accept nominee form only signed by my BIL. Is there a way to tackle this. Share certificates in multiples name possible.
since mother in law died intestate apply for letters of administration from bombay high court . it would reflect name of the legal heirs
2) since your husband died intestate apply for issue of letters of adminstration for husband one third share in property
3) society cannot refuse to add a nominee for your share in flat
4) complaint to deputy registrar against society
The property that belonged to your mother in law upon her intestate death shall devolve equally on all her legal heirs consisting your husband, his brother and sister.
Therefore you are eligible along with your children to get your husband's 1/3rd share in the property.
The membership in the society shall not confer title to the property.
You can seek partition and separate possession of your share in the property, let your brother in law come for a negotiation and settle your dues.
BIL is ignoring our request of adding a nominee. Society will only accept nominee form only signed by my BIL. Is there a way to tackle this. Share certificates in multiples name possible.
The question of nominee does not arise since this property shall devolve on all the legal heirs equally hence there is no necessity to include your son as a nominee. You can make your son as a member on the basis of the share certificate if it is given on his name too. You can issue a legal notice to your brother in law seeking partition and separate possession of your share in the property, this will make him realise that he is not the sole owner of the property and he will arrange for an amicable settlement thereafter. You can dictate your terms then.