Will documents

M.K.Ganatra (Querist) 22 January 2016 This query is : Resolved
My brother owned a flat at thane. He expired 2 years back. He has nominated his wife in the society. Also before death he has made a will in which I am given the said flat. All other things are distributed as per will except the said flat. The executor of the will says that the flat will be first transferred in the name of nominee and then the nominee will give me as a gift.

The will is not registered but two witnesses of the will are still alive.

I want to know whether the will supersede the nomination. Or any other procedure by which the flat can be transferred in my name easily Whether the nominee will have to pay gift tax. Please guide.

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Kumar Doab (Expert) 22 January 2016
It is believed that the deceased owner was Hindu.
However you alone have to confirm it.

Nomination in CHS is not parallel route to succession.

It is not mandatory to register the WILL.

As per your post the WILL has been executed (except for the flat).

In Mumbai it is mandatory to probate the WILL.It is felt that Thane is not part of Mumbai.

Hence like in case of other assets mentioned in WILL the WILL can be executed for flat also without going for probate.

The opinion of the executor of the WILL seems to be wrong.

The WILL can be executed to transfer the flat in your name.

You may obtain the forms/formats from CHS.

A local lawyer can help you.

Adv. Yogen Kakade (Expert) 22 January 2016
rightly answered by Mr. Deob

Rajendra K Goyal (Expert) 22 January 2016
Lodge your claim with the society to transfer the flat in your name on the basis of will. Get the will probated.

Nominee is trustee and not the absolute owner.

Kishor Mehta (Expert) 22 January 2016
Sir,
Nominee is only a trustee, Probated WILL superceds nomination. No gift deed is needed. Get the WILL Probated by a Court of Law.
Good Luck.
Kishor Mehta