Nominee
vs Legal Heir in Property
Introduction
Many
property owners in India believe that naming a nominee ensures smooth transfer
of property after their death. However, the law makes a clear distinction
between a nominee and a legal heir.
ЁЯСЙ A nominee is only a trustee, while
the legal heir is the true owner under succession law.
This
guide explains the difference between nominee and legal heir in property
matters, their legal rights, and the latest Supreme Court judgments.Keywords:
nominee vs legal heir, nominee rights in property India, legal heir property
rights India
Who is a Nominee in Property?
Focus: nominee meaning in property, nominee rights in property India
Who is a
Legal Heir in Property?
A legal
heir is someone who inherits property under succession laws.
Legal
heirs include:
Laws
governing legal heirs in India:
Keyword Focus: legal heir meaning, property
inheritance laws India
Nominee
vs Legal Heir: Key Differences
|
Aspect |
Nominee |
Legal
Heir |
|
Definition |
Appointed
to receive property |
Entitled
by law to inherit |
|
Role |
Custodian/trustee |
Real
owner |
|
Selection |
Chosen
by property owner |
Decided
by succession laws |
|
Rights |
Temporary
holding |
Permanent
ownership |
|
Supreme
Court View |
Not the
owner |
Gets
full rights |
Keyword Focus: difference between nominee and
legal heir in property India
Supreme Court Rulings on Nominee vs Legal Heir
The Supreme
Court of India has consistently ruled that:
A
nominee is not the owner. The property must go to the legal heirs under
succession law.
Keyword Focus: Supreme Court ruling nominee vs
legal heir
Property Transfer After Death in India
1.
If there is a registered Will тЖТ Property goes as per the Will.
2.
If there is no Will (intestate death) тЖТ Property is inherited by legal
heirs.
3.
If nominee is mentioned тЖТ Nominee holds property temporarily until it is
transferred to heirs.
FAQs on Nominee vs Legal Heir in Property
Q1. Does
a nominee become the property owner in India?
No. A nominee is only a trustee. Legal heirs get ownership.
Q2. Can a
nominee and legal heir be the same person?
Yes. If the owner appoints a legal heir as nominee, thereтАЩs no conflict.
Q3. Can a
nominee sell property?
No. Only legal heirs have the right to sell inherited property.
Q4. What
happens if there is no nominee?
Property directly passes to legal heirs under succession laws.
Q5. Can a
will override nominee rights?
Yes. A valid will always prevails over nominee rights.
Keyword Focus: nominee rights vs legal heir
rights in property India
Conclusion
In India,
a nominee does not become the owner of property. They only act as a caretaker
until the property is handed over to the legal heirs.
To avoid disputes:
