Property transfer - Nominee / Legal heir
2 years ago
There is a lot of information in media regarding ownership of property by nominee vs legal heir . My wife is the only child of her parent and a residential property was originally in the name of my father in law with my mother in law as nominee . On death of my father in law , the name in the share certificate was changed to my mother in law and nomination was made for my wife . Recently my mother in law also passed away and the process for entering my wife's name in the share certificate is in progress , following which either my name or my son's name will be added as nominee . As mentioned my wife is the only child of her parent and no will was made either by my father in law or mother in law .
Ankur Goel @ Complete Law Shield
Responded 2 years ago
After her, your son is legal heir.
Sidhaarth
Responded 2 years ago
Nominee is the mere custodian of the property until the property is claimed and passed down to the legal heirs of the deceased. Thereby, the nominee himself cannot enjoy the property for himself, nor he is the beneficiary. The property will be passed down the wife, and then to the legal heirs of your wife when she dies eventually.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
There is difference between legal heir and Nominee. Legal heir law is governed by your succession laws and it is already pre set by laws but Nominee can be anyone who the owner decides to make owner after his or her death. Your wife can chose make you or your son nominee.
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Since your wife is the only child of her parents so it does not matter whether her name comes under the nominee or the legal heir. Now for the next level you can have your name or your son's name does not make much of a difference as of now with the given facts.
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