Nomination does not make the nominee owner of property

Delhi High Court: While relying upon the Supreme Court decision in Sarbati Devi v. Usha Devi, (1984) 1 SCC 424, the Single Bench of Valmiki J. Mehta, J. has held that since nomination is not a will in law, it does not make the nominee as the owner of the property.

In the instant case, the daughter and husband of late Smt. Kamla Devi were granted the succession certificate on account of they being the legal heirs of Smt. Kamla Devi under the Hindu Succession Act, 1956. Appellant applied for revocation of the succession certificate on the ground that Smt. Kamla Devi did not reside with her husband and daughter for around 35 years and that there was nomination in favour of the appellant in the government records.

The Court agreed with the conclusion of the trial court that nomination is not a will and in the absence of any will of Smt. Kamla Devi in favour of the appellant, only those persons who are legal heirs under the Hindu Succession Act can inherit the properties. The appeal was accordingly dismissed. [Rampali v. State Govt. of NCT of Delhi, 2017 SCC OnLine Del 7999, decided on April 24, 2017]

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