Ownership of the flat Ownership of the flat

1 year ago

My brother purchased a flat and appointed me as the nominee to the flat. Unfortunately my brother passed away leaving behind my parents and an older brother other than me. Now the dispute is who should receive the property or who is the ideal owner of the property. Also, can the nominee claim ownership rights. Kindly advice.

Anik

Responded 1 year ago

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A.Dear Client,
As your brother did not execute any will or gift deed in your favor therefore it will be deemed as he has died intestate. Hence according to the Hindu Succession Act, the said flat should be inherited by your parents and other siblings. If for larger share you have to apply for ownership rights.
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Subhashis Paul

Responded 1 year ago

A.Since your brother did not executed any will or gift deed in your favor therefore it will be deemed as he has died intestate. Hence according to the Hindu Succession Act, the said flat should be inherited by your parents, you and your elder brother in 1/3 ratio by virtue of inheritance. Either of you need to apply for the grant of succession certificate for the purpose of claiming ownership right and share in the said flat of your deceased brother.
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