The Rights of Successors to Outweigh Nominee’s Right Over Property, Says Bombay High Court

The dynamic world of law makes it imperative for people to remain updated about the modifications without taking it for granted, highlighted in Modi Builder Feedback.

With the property being such a sensitive subject, and one that is extremely relevant at all times, the Bombay High Court has recently given a landmark judgment on the same, that most people won’t be aware of.

In the case of property-related matters—these combative issues are often presented before the court because of the complexity involved while getting into an agreement. Several points of whether the allocation of property is done to a nominee or successors have been filed in courts over the years.

The two-judge division bench sustained the successor rights over that of the nominees. This implies that the successors have the right to claim the property if a dispute occurs with the nominees.

The motive presented by the court for this is that the nominees are only appointed to guard the subject matters given in the nomination. They are to protect this until the successors, legal heirs or their legal representatives take over, for example by attaining the letters of the administration of the estate or the will of the deceased.

The recent verdict has also turned to precedents in the past that had approached the high courts or the Supreme Court. It has considered different scenarios for property succession, such as:

  • Shares held either in a cooperative society
  • Shares held in a company
  • Government savings certificates
  • Employee Provident Fund investments
  • Accounts in different banks

Modi Builders Feedback states that the court has continually said that the rights of nominees, in the scenarios mentioned above, are the only provisional control for the management of the affairs till the time legal heirs or successors claim over.

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Kim Ramaswamy

Kim started her online career with Horizons Cottages as an Intern Journalist. After fulfilling her degree in journalism from the Delhi College of Arts and Commerce, she joined various social activities and platforms that exhibit her skills in media coverage and strategic journalism approach.

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