Adding nominee to housing property

It is believed that you are covered by Hindu Succession Laws?

How did the property come into hands of your Grandmother, your Mother? Is IT self earned/acquired, absolute or devolve from Parents side or Husbands side for each of them?

Have you obtained death certificates legal heir certificates/affidavit (per local rules/laws/precedence) for deceased?

Is the said house under some housing Society or some other authority say;MC?

Is there any provision for Nomination in case of house as per applicable rules/laws/bye laws applicable to said house? If NO; nomination may not be possible.

Is there any valid nomination already registered with Society or concerned authority? If yes; who is Nominee? Is nominee alive?

Has all deceased left any WILL bequeathing the said house?

The house is at which location in India?

Confirm?  

It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.

It is no mandatory to probate the WILL in other  areas. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

Check locally and comply with procedure.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

Thereafter obtain copy of updated mutation records.

It WILL is contested it lands up in probate court of pecuniary jurisdiction and court shall decide.

If NO WILL exists then it becomes matter of succession per personal law that applies e.g; Hindu Succession Laws.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor. Obtain copy of updated mutations records thereafter.

If valid nomination exists then authority say; Society can transfer in the name of nominee and nominee can further act in favor of legal heirs…

If there is No provision of nomination then Nomination may not be possible.

Visit O/o Authority e.g. MC, Society under whose jurisdiction house falls and obtain requisite forms/procedure.

The designated official e.g; Patwaari, Secretary should facilitate you………….and may agree to do the needful on compliance to simple process/procedure/docs e.g; indemnity, affidavit etc ….

However preferably obtain death certificates, legal heir certificates and complay with provisions of Intestate/Testate succession and obtain updated copy of mutations....

The elgal heirs can release/relinquish/transfer/gift/sell in favor of mother and thus Lady can be sole owner/title holder