Will vs Nomination (Property)
A Will transfers ownership of a deceased person's property to named beneficiaries under the Indian Succession Act, 1925, while a nomination merely names a custodian who holds the asset on behalf of the legal heirs. The Supreme Court has repeatedly held that a nominee is a trustee, not the owner.
What is the difference between a Will and Nomination for property?
A Will is a testamentary instrument under the Indian Succession Act, 1925 that transfers ownership of a deceased person's property to named beneficiaries. A nomination — typically filed with a housing society, builder, or bank — only names the person who will hold the asset on behalf of the legal heirs until succession is settled.
The Supreme Court has repeatedly held — in Sarbati Devi v. Usha Devi (1984) and Indrani Wahi v. Registrar (2016) — that a nominee is a trustee, not the owner. This is the single most misunderstood distinction in Indian real estate inheritance, and it has cost thousands of families their flats in disputes between nominees and legal heirs.
Why it matters for property buyers
If you are buying a resale flat from someone who acquired it as a "nominee" after a parent's or spouse's death, verify whether they are also a legal heir under the deceased's Will or under intestate succession. Otherwise:
- Other legal heirs can sue for partition and your purchase becomes void to their share.
- The housing society's transfer to the nominee is administrative only — it does not defeat heir claims.
- Banks routinely reject home loans where the seller's title is "by nomination only" without a probated Will or a Legal Heir Certificate.
How to verify or calculate it
- Ask for the Will (probated where required). In Mumbai, Kolkata and Chennai, a Will of a Hindu testator covering immovable property in that city must be probated under Sections 213 and 57 of the Indian Succession Act. Elsewhere probate is optional but strengthens title.
- Get a Legal Heir Certificate from the Tahsildar (Karnataka, Tamil Nadu, Telangana) or Talathi (Maharashtra). It confirms the universe of legal heirs.
- Check the society's share certificate transfer. Was it transferred to the nominee with a "subject to legal heirs' rights" endorsement? That endorsement is a red flag that the title is incomplete.
- Demand a Release/Relinquishment Deed from all other legal heirs in favour of the seller. This is the only clean way to consolidate an inherited title. Registered relinquishment deeds attract nominal stamp duty (₹100–₹1,000 in most states).
- Run a 30-year EC to confirm no other heir has filed a partition suit lis pendens on the property.
How Brickplot uses Will vs Nomination in its score
This sits inside our Legal & Title Cleanliness axis (weight 16). Resale projects where the original allottee passed away and the unit transferred only by nomination — without a probated Will or release deeds from co-heirs — are downgraded. We additionally cross-check with RERA Disclosure Quality (weight 10): builders who fail to flag pending succession disputes in their RERA QPR forfeit disclosure points.
Related terms: Gift Deed, Share Certificate, Power of Attorney, Sale Deed.
Related terms
Brickplot verifies will vs nomination (property) disclosures on every reviewed project as part of the independent 11-axis score. No builder commissions. No editorial override.