trnasfer / sale
sonavnayak
(Querist) 01 November 2010
This query is : Resolved
can i transfer / sale my property which received by me through nomination. Further other family member are not having problem for transfer / sale property to any one they gave me NOC for the same too. My father has made will but the same has not been registered. Or can i gift the same body.
or make a Will in favour of someone etc. etc.
I got two different answers now i got again confused whether i have to make will probated or not,
1= If your father has made a will it will be valid. There is no requirement that the same should be registered. Even a non-registered will is valid. If your other family members are not having any problem, then on the basis of the Will granted by your father and with the support of the NOC given by your family members, you can have the property mutated in your name.
Once the property is mutated in your name, you can dispose it of in whatever manner that you like - e.g. gift it away, sell it,
2=Before doing anything, you have to get the Probate of the alleged will from the district court.
As the soceity has already transfer the share certificate in my name also, from last one and half year all maintanance bills also comes in my name only, even electricity bills also in my name only.
Pls guide me if i will sale the property than is it necessary to obtain succssion certifcate or not
I GOT 100 % NOMINATION IN MY NAME ONLY BY MY FATHER
R.Ramachandran
(Expert) 01 November 2010
If your father has made a will it will be valid. There is no requirement that the same should be registered. Even a non-registered will is valid. If your other family members are not having any problem, then on the basis of the Will granted by your father and with the support of the NOC given by your family members, you can have the property mutated in your name.
Once the property is mutated in your name, you can dispose it of in whatever manner that you like - e.g. gift it away, sell it, or make a Will in favour of someone etc. etc.
Arun Kumar Bhagat
(Expert) 01 November 2010
Before doing anything, you have to get the Probate of the alleged will from the district court.
Devajyoti Barman
(Expert) 01 November 2010
Clarify first as to what you meant by 'nomination.'
s.subramanian
(Expert) 01 November 2010
I agree with Mr.Ramachandran.
adv. rajeev ( rajoo )
(Expert) 07 November 2010
Only on the basis of nomination you are not the absolute owner of the property.
If it is self acquired property of your that then you need not worry, if it is ancestral they consent of other legal heirs is required. The consent must in the form of rights relinquish deed, but it should be regd., one.
To avoid the future consequences legally follow the proper procedure.
