(Querist) 11 July 2021
This query is : Resolved
If a flat has 2 owners and one of the owner makes will and nomination in the favour of their children, now that owner passes away and then second owner of the flat does not makes any will or nomination form, how can the nominees of the first owner can claim the flat.
The proportionate share of deceased person will go to his legal heir as per will. The legal heirs has to apply to society for transfer the share certificate in their name. In metro area you will have to get probate from court.
(Expert) 11 July 2021
The beneficiaries as per the Will of the deceased owner have equal rights over the 1/2 share of the deceased owner. They have no rights over the 1/2 share of the 2nd owner. If there are no disputes between the beneficiaries probation will not compulsory in my view. So, furnish a copy of the Will to the Society and ask the society to transfer in their name.
(Expert) 12 July 2021
Who are these two owners? How come the situation that there are two owners for the single flat? Are they related by marriage or by blood? Please post complete facts.
Please post queries, not riddles.
Dr J C Vashista
(Expert) 13 July 2021
The beneficiary of 1/2 portion left behind by deceased shall have claim, right, interest and title of the subject flat.
Nominee has to facilitate transfer of right of deceased in favour of legal representative of deceased, where the nominee is just a custodian during the transition period without any right, interest or claim in the flat.