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My mother died on 19th December 2012 leaving behind residential property. The agreement is in the name of my mother and my younger brother is nominee.My mother died without making any will. I was not staying with my mother and father for past 15 years.Few days back my father also died. Now my younger brother is claiming the property on the basis that he is nominee of the property and was leaving there for 15 years. Thus i want to know what is the legal provision? whether we both are equal owner of the property? Few days back i started staying in that house. Whether i have right to stay in the house?

Thanks Vaibhav for your referral.

As your mother and father both have passed away without making a will, the property in your mother's name will go in equal shares, one share each to your, your every brother and every sister.

Nomination does not transfer the property. It is merely an arrangement for nominee to receive the property in an interim for the ultimate beneficiaries and the nominee holds the property as trustee for the ultimate beneficiary.

In your case, if you are only two brothers and no sister then each of you i.e. you and your brother will get same and equal (1/2 each) share of the property. Thus you have a right to enjoy the property the same way your brother has. i.e. you can stay in or dispose of half the property.

This is regardless of whether you were staying with your mother/ father or not.

Trust, this answers your question.

Best Regards.  

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Rajeev Dewal


Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.


Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Currently, Head- Legal, RBL Bank Limited, India (see web:


Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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