Nomination & Will

Querist : Anonymous (Querist) 10 May 2010 This query is : Resolved
My father bought a flat in a CHS and nominated my mother.He expired in 2000.My mother nominated me(daughter) as first nominee and my brother as second nominee who is staying in the flat.My mother expired last year wherein she has also made a will which is unregistered wherein she has indicated that the flat needs to be transferred in my name and should be sold within 6 months after her death and proceeds distributed equally.The society is asking for noc from my brother to transfer the flat,share certificate in my name.My brother is refusing as he wants his name and does not wish to sale the flat for another 3 years. Even he is refusing to execute the will which is signed by mother in presence of a doctor and vitnessess.I wish to execute the will asap and close the entire matter asap.My husband is the executor of the will.Please advice on the options available to me and also to my brother if he wish to proceed with his wish.
Thanks & Regards,

Follow Query

Report Abuse

R.R. KRISHNAA (Expert) 10 May 2010
Dear anonymous,

In the first sentence of your query you have stated that your father bought the flat. Assuming that the ownership of the flat stands on your father's name, I reply as follows:-

Nomination does not confer ownership. Your mother, you and your brother are having equal shares in the flat being the legal heirs of your father. Such being the position your mother writing the will and bequeathing the flat in favour of someone (either you or your brother) is invalid.

Good luck...