Nomination & WILL : What Law really says and what you think. : Adv. Rohit Erande. ©
Nomination & WILL, two important, but often misconstrued and misunderstood subjects. Adv. Rohit Erande. © Nomination : It's not the 3rd rule of Succession.. Nominee is just a Trustee. The Hon'ble Apex court in plethora of cases has made the Law clear. E.g. In the case of Shreya Vidyarthi V/s. Ashok Vidyarthi, AIR 2016 SC 139, has reiterated the legal position. However it's really unfortunate that people get carried away by whatsapp interpretation and this judgment is not an exception to that. Let's try to learn the gist of the Judgement . a) Nomination is just a trusteeship & it's not a 3rd mode of Succession. b) The Nominee does not become the owner of the property by virtue of Nomination. It does not take away rights of other legal heirs. May it be Society Share certificate or Bank Accounts or Shares. C) In the case of Indrani Wahi v/s. Registrar Co. Op. Society, 2016(6) SCC 440 Hon. Supreme Court has made the Job of Societ