Nominees Can Sell Shares. Why Not Real Estate?

Hemant learnt the hard way that not all nominated assets pass on with equal ease. His late father’s mutual fund units were transmitted in less than 48 hours. But when it came to the flat in a Mumbai housing society, the brothers were treated only as provisional members. They could not sell, transfer, or fully own it without a court order. That process took almost a year and cost over Rs 2 lakh. The law says a nominee holds assets for the legal heirs in both cases. Yet financial assets move quickly because nominees can redeem or sell them with ease. Property is different because a buyer needs clear title, and nomination alone does not provide that. Financial regulators have made transmission simple and time-bound. Real estate law has not kept pace. Until that changes, many families may find that inherited property brings not comfort, but complication.

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