Property Rights

Swati (Querist) 22 June 2017 This query is : Resolved
"A" (Wife- 1st name) and "B" (Husband- 2nd name) owns a flat in mumbai. They jointly made a will on their son's name and registered it. Now B is no more and A wants to change her nominee can she do so...Or can she sell this flat?

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Kumar Doab (Expert) 22 June 2017
It is felt that she can change the nominee and WILL both.

kavksatyanarayana (Expert) 22 June 2017
A (wife) have right to sell the property and a Will already executed may be altered/changed as the testator wishes.

Swati (Querist) 23 June 2017
Hi,
Thnx for your valuable response.
One more query.. If she wishes to sell the flat does her son has any share in it?

Swati (Querist) 23 June 2017
Does her son owns 50% share in the property now?

P. Venu (Expert) 23 June 2017
Who are A and B. Please post the real problem and the complete facts.

Rajendra K Goyal (Expert) 23 June 2017
B expired, he had 50% share in the property if no specific share was clarified. As per his will son is entitled for his portion in the property.

A can sell her 50% share or can change her nominee will of this portion only.

Kumar Doab (Expert) 23 June 2017
Per applicable succession laws son shall have share in deceased father's estate/property.
The WILL may be submitted to authority under whose authority property falls to act upon the WILL in line with Testate Succession rules of the authority.
Such rules should be on website,O/o authority.
Usually death certificate, legal heir certificate, certified copy of WILL is required.

Dr J C Vashista (Expert) 23 June 2017
Since B has bequeathed his share in the property in favour of his son, A is entitled for her share only, which she may dispose of or appoint nominee for that portion in property.

Kumar Doab (Expert) 23 June 2017
Same query:

http://www.lawyersclubindia.com/experts/Property-Rights-645206.asp

Kumar Doab (Expert) 24 June 2017
After the WILL is acted upon without any cloud on it the share of husband/father whatever it is say;50% devolves upon beneficiary i.e. son.
A can dispose only upto her share whatever it is say;50%.

Kumar Doab (Expert) 24 June 2017
It is mandatory to probate the WILL at Mumbai.

Kumar Doab (Expert) 24 June 2017
Your previous query(ies) have been responded.

Is the son a major?
What exactly is the underlined reason for change in stance of mother?
Why is she eager to change nomination and/or sell after demise of her husband?

Is she a senior citizen?
Is son not taking good care of mother?