Nomination of residential property after death of joint owner.
Jayasheela
(Querist) 30 May 2013
This query is : Resolved
1.The Sale Agreement of residential property in Mumbai was in the Joint name of my Father-in law and my mother-in law.After the death of my mother-in-law few years back my Father-in-law made a fresh Nomination and Registered the same with the Society. He has made the Nomination with 50% Share to his Daughter(my Wife/1st name)and 50% Share to his son. The Son who is presently occupying the Disputed property objects for Transfer with the Society but claims Full Share(100%)of the Property.Please guide me whether the Society is under obligation to Transfer strictly as per Nomination Registered ?.
2.My Father-in-law subsequently made a Will with 50% Share to Daughter and 50% Share to Son and died after 5 years.
3.On death of Mother-in-law,50% Share of Mother-in-law not seems to have been transferred and NOC was seems to have not obtained. Kindly guide me.
ajay sethi
(Expert) 30 May 2013
is your father in law alive ? on death of mother in law what happened to her 50%share ? was it transferred in name of father in law and NOC obtained from other legal heirs ?
if father in law has died intestate and objection is received from son for transfer as per nomination then society can ask legal heirs to obtain succession certificate from court .
Jayasheela
(Querist) 30 May 2013
2.My Father-in-law subsequently made a Will with 50% Share to Daughter and 50% Share to Son and died after 5 years.
3.On death of Mother-in-law,50% Share of Mother-in-law not seems to have been transferred and NOC was seems to have not obtained.Kindly guide me.
Jayasheela
(Querist) 30 May 2013
1.The Sale Agreement of residential property in Mumbai was in the Joint name of my Father-in law and my mother-in law.After the death of my mother-in-law few years back my Father-in-law made a fresh Nomination and Registered the same with the Society. He has made the Nomination with 50% Share to his Daughter(my Wife/1st name)and 50% Share to his son. The Son who is presently occupying the Disputed property objects for Transfer with the Society but claims Full Share(100%)of the Property.Please guide me whether the Society is under obligation to Transfer strictly as per Nomination Registered ?.
2.My Father-in-law subsequently made a Will with 50% Share to Daughter and 50% Share to Son and died after 5 years.
3.On death of Mother-in-law,50% Share of Mother-in-law not seems to have been transferred and NOC was seems to have not obtained. Kindly guide me.
ajay sethi
(Expert) 30 May 2013
1) your mother in law was 50%owner of property . since she died without leaving her will on her death her 50%share would be inherited by your FIL and her children ie son and daughter .
2) it appears society has trnasferred 50%share in name of FIL without follwing due process of law . NOC of other legal heirs ought to have been taken .
3) FIL has made a will bequeathing his entire 100 %share to your wife (daughter) and son .
4) son is objecting to transfer of flat in joint names .
5) best solution would be to apply for probate of will of FIL . since th flat must be worth in crores now son doesnt want to give his siter her share
V R SHROFF
(Expert) 06 June 2013
What is important to note is, Was there any transfer of right of 50% share of your MIL??
FIL property is clear, that he want his 50% share divided equally between his two surviving children, his daughter and his son.
MIL property will go to 1/3 each, father, d s
Again father divided equally of his share
Ultimately Now it is 50% to son + 50% to daughter.
WILL OPR NO WILL, PROPERTY RIGHTS ARE EQUAL 50% EACH, IN ANY CASE.
