Buying a Flat From a Nominee in Bangalore: Why the Legal Heirs Must Sign
A resale flat is sometimes offered by a person whose name appears as the nominee of an owner who has died. The association treats that person as the member, the maintenance bills come in that name, and the sale looks simple. This guide explains why a nomination is not ownership, who owns the flat after a death, and what a buyer in Bangalore should collect before paying.
What a Nomination Does
A nomination tells an institution whom to deal with when the holder of an asset dies. Banks, insurers, provident funds, housing co-operative societies and many apartment associations accept one. It lets the institution hand over the asset or update its register quickly, with a valid discharge.
The nominee receives the asset as a trustee for the persons entitled to it under the law of succession. The Supreme Court has taken this view across different kinds of assets for four decades. Three rulings are quoted most often.
- Sarbati Devi v. Usha Devi (1983), on a life insurance policy: the nominee collects the money and the heirs remain entitled to it
- Indrani Wahi v. Registrar of Co-operative Societies (2016), on a society flat: the society must transfer the membership to the nominee, and the family remains free to pursue its claim of succession
- Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023), on company shares: a nomination does not override the law of succession
For a buyer, the 2016 ruling is the closest one. It confirms that a society record in the nominee's name is proper and also that the record does not settle who owns the flat.
Who Owns the Flat After the Owner Dies
Ownership passes in one of two ways. Where the owner left a valid will, the flat goes to the person named in it. Where there is no will, it goes to the legal heirs under the succession law that applied to the owner.
For a Hindu man who dies without a will, the Hindu Succession Act, 1956 gives equal shares to the Class I heirs. These are the widow, the sons, the daughters and the mother, along with the children of a son or daughter who died earlier. For a Hindu woman, the first heirs are her sons, daughters and husband.
Christians and Parsis follow the Indian Succession Act, 1925, and Muslims follow their personal law. The nominee may be one of the heirs, and often is a spouse or a child. That person's share then comes from being an heir, and the other heirs hold their shares alongside.
Why Records in One Name Mislead
Several everyday records can carry a single name after a death, and each is useful without being proof of title. A buyer should know what each one means.
| Record | What it proves | What it leaves open |
|---|---|---|
| Association or society register | Who the body recognises as member | Whether other heirs own a share |
| E-khata and property tax receipts | Who is assessed to tax | Title, which comes from the deeds and succession |
| Electricity and water bills | Who pays for the connection | Ownership of the flat |
| Possession and keys | Who occupies the flat | The rights of heirs living elsewhere |
The registered sale deed remains in the name of the person who died. The link between that deed and the people now selling has to be shown through a will or through proof of the heirs. A khata moved to one heir's name on the strength of a family tree does not remove the shares of the others.
When There Is a Will
A will decides who inherits, and it prevails over a nomination. The buyer should ask for the original will, the death certificate and proof that the will is the last one made. A registered will is easier to rely on, though an unregistered will is also valid in law.
Probate is a court's certificate that a will is genuine. It was never compulsory for wills covering property in Karnataka. The Repealing and Amending Act, 2025, which received assent on 20 December 2025, also removed section 213 of the Indian Succession Act, which had made probate compulsory in a few cities.
A buyer may still ask for probate where the will is unregistered, leaves out a close family member or is questioned by a relative. A common safeguard is to have the other natural heirs join the sale deed as confirming parties. Their signatures confirm that they accept the will and have no claim on the flat.
When There Is No Will
Without a will, every legal heir is a co-owner from the date of death. The buyer's task is to establish the full list of heirs and bring each of them into the sale. These papers are used in Karnataka to build that list.
- The death certificate of the owner, and of any heir who has since died
- A family tree certificate (vamshavruksha) issued by the revenue department through the Nadakacheri service
- Identity and address proof of each heir, matched against the family tree
- A notarised affidavit from the heirs declaring that the list is complete
A succession certificate under the Indian Succession Act covers debts and securities such as deposits and shares. It is the wrong paper for a flat, and a seller who offers only this should be asked for the family tree and the heirs' signatures. Where the family prefers a court document for immovable property, it applies for letters of administration.
How the Sale Should Be Structured
Once the heirs are known, the sale can be done in one of two ways. All the heirs sign the sale deed together as sellers, each receiving a share of the price. Alternatively, the other heirs first release their shares to one heir by a registered release deed, and that heir then sells as sole owner.
Payment should follow ownership. Paying the whole price to the nominee leaves the buyer exposed if another heir later says no share was received. Cheques or transfers to each heir in proportion to the share, recorded in the deed, close that gap.
Some situations need an extra step. The usual ones are listed below.
- A minor heir: the guardian needs the court's permission to sell the minor's share
- An heir living abroad: a power of attorney signed before the Indian consulate and adjudicated in Karnataka
- A home loan still running: the lender's closure letter and release of the original deeds before registration
- A second marriage or an earlier family: heirs from both families appear on the list
Steps Before Paying an Advance
A short sequence keeps the purchase safe. Each step is completed before the next one begins.
- Read the registered sale deed and confirm whose name it carries
- Collect the death certificate and ask whether a will exists
- Obtain the family tree certificate and meet or verify every heir on it
- Have an advocate confirm the shares under the applicable succession law
- Record in the sale agreement that all heirs will sign or release before the balance is paid
- Check the encumbrance certificate for any deed already signed by one of the heirs
- Pay each heir directly and register the deed with all signatures in place
A title built this way also satisfies a bank's legal scrutiny, which matters for the buyer's own home loan and for a later resale. Our team can help arrange a title check on an inherited flat before an advance is paid.
