Property law(fmatter of a flat)
vaibhav vora
(Querist) 25 April 2012
This query is : Resolved
1.a flat in a society at bandra was in the name of mukesh mehta.
2.he made a nomination letter through which he nominated his wife sarlaben mehta (50%) his one of the 5 sons jiten mehta (25%) and his daughter in law jyoti yogen mehta(25%).
3.however this nomination letter was not acknowleged by the society in which the flat is.(but the nomination letter is there with sign of anil mehta along with two witnesses)
4.mr mukesh mehta originally had 5 sons.
5.sarlaben mehta wife of mukesh bhai mehta got the transfer of his property of the flat after the death of mukesh mehta.
5.this shows that the ealier nomination letter must not have been executed because according to that letter only 50% of the property of the flat was to pass to sarla mehta.
6.sarlaben mehta expired last month.
7.according to the nomination letter made by sarlaben mehta before her death 50% of the property in the flat was to go to jiten mehta and 50%was to go to jyoti jiten mehta.and the same was acknowleged by the society in which the flat is.
8.jitenbhai mehta expired before 8yrs which was before her mother sarlabens death.
9.now the dispute is that,one of the sons of mr.mukesh bhai mehta claims that the property of sarlaben mehta should be divided among him (25%),his brother(25%) and 50% to jyoti mehta.however he does not have any legal paper to prove this.
10.my contention is that according to the nomination letters,at this point "jyoti mehta should be the 100% owner of the flat."
11.please suugest me the remedies if the oppostie party(one of the sons of mr.mukesh mehta who claims 25% for him and 25% for his brother) drags me to court.
12.the documents possesed by me are:
a.nomination letter of mukesh mehta
b.nomination letter of sarlaben mehta.
c.affidavit for the ownership of a gas connection by jiten mehta which also mentions that "jiten mehta is the sole owner of all the moveable and immoveable properties of mukeshbhai mehta without any objection of his brothers."however the true copy is missing."
12.And suppose that the will has not been made!!then what can happen???
Also what if they produce a fake will?how to identify that the will is fake.as far as my knowledge of facts no will was ever made.only that the mother sarla ben was staying with that son for 7 yrs arises a doubt that the will may be made.and if the will is made it was not communicated to anybody including jiten mehta or jyoti mehta.what can they possibly claim over this.....
Raj Kumar Makkad
(Expert) 25 April 2012
Will and nomination are two different things. Mr. Mehta has nowhere made his will in favour of his wife, one son and his wife rather has made nomination.
Nomination is a weak point which cannot supersede the law of inheritance hence all legal heirs are equally owners of the property.
vaibhav vora
(Querist) 25 April 2012
But suppose that the will has not been made!!then what can happen???
Also what if they produce a fake will?how to identify that the will is fake.as far as my knowledge of facts no will was ever made.only that the mother sarla ben was staying with that son for 7 yrs arises a doubt that the will may be made.and if the will is made it was not communicated to anybody including jiten mehta or jyoti mehta.what can they possibly claim over this.....
Shonee Kapoor
(Expert) 26 April 2012
Then the property would go as per the law of succession.
Nominee is just the custodian of the property and not a heir.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
