— Name withheld on request
For the purposes of the query, we assume that in terms of your mother’s Will, the residential land has been bequeathed solely and absolutely to you and there are no other legal heirs to whom the said immovable property is bequeathed since there is a difference between the term “bequest" and “nominee". The term “nominee" implies that a person is only a custodian of the property and the property is not bequeathed to such a person absolutely.
We are also not aware as to where this residential land is situated. For example, in Mumbai, it is mandatory to obtain probate to the Will before the sale of the land. The probate confirms/ authenticates the Will. Thereafter, one has to inform the land revenue authorities to mutate/transfer the land in your name. To clarify, in terms of the Will, the land will require to be transmitted/transferred to your name by way of a mutation entry in the land records. Pursuant thereto, you may sell the land to any third party. However, in case the purchaser is fine with purchasing the residential land without your name being reflected in the land records, basis the Will, you may deal with the land and sell it to the purchaser.
I would like to buy a flat in Mulund, Mumbai. The original owner of the flat had nominated his elder son in the society records. Can I enter into a sale/purchase agreement with the current owner?
— Name withheld on request
A nominee is a custodian/caretaker of an immovable property, who is legally obligated to pass the property to all the legal heir(s). One will require to ascertain whether the original owner had left Will (which may or not be probated) or died intestate i.e. without a will.
Depending on the facts and circumstances with respect to the original owner, documents executed by and amongst the legal heirs and documents submitted to the concerned society for transferring the name of one of the legal heir of the deceased, you may take further action. In any event, solely a nominee has no right to enter into a sale/purchase agreement.
Aradhana Bhansali is partner at Rajani Associates.
