Vaibhav Bhat (Dummy) 13 July 2010

Property Dispute

I have a situation here which I am curious to how it will play out.

Suppose I have two offsprings. Both adults. One Male and one female.

I have a property in form of a house. This is in a co-op housing society. The society nomination shows that the only nominee is the male child.

However sometime post that nomination, some differences arise and not making any changes to that society nomination, I make a will which I bequeath all of my property to wards the female child.

Can someone try and explain, what would happen in after my death in such scenarios?

Which is binding? A will or a nomination. Note that the nomination procedure is kind of where you have witnesses and something done in triplicate under some bylaw 54. ( not completely sure as to what kind of form it was 14, 15 not extactly sure)

Can someone clear this up for me.

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3 Replies

nav (student) 13 July 2010

when my father expired he could not write any will..of his ansistors property..my father has five brothers younger one is my father.one of my uncle @my father's big brother got into the court and taken one of the part @ degree or partition in 1984 at that time court fixed a court fee of RS.5000/-(Rupees five thousand only)towards court fee.of degree or partition.my father was absent to make a amount @ failed to take a partion in the property....meanwhile after six years suddenlly my father expired on 1990.when i am 4 years.my father's brothers plays a blame game with my mom she was uneducated.they taken my mom sigature in some paper & selled my fathers portion..some portion of property occupies by land grabbers...when i intimate withthem they are showing my dad fake signature in the property papers.1.SIR IN MY POINT OF VIEW WHEN MY FATHER IS ABSENT IN THE COURT WHEN PARTITION IS MADE @ HE COULD NOT PAID THE COURT FEE TO TAKE PARTION.2.HOW MY MOTHERS SIGNATURE REPRESENT TO MY FATHERS PROPERTY HE COULD NOT WRITE ANY WILL.? ON WHAT BASIS THE PURCHASERS PURCHASES MY FATHERS PROPERTY? how can i purue the notice to them .......plzzzzz

Ravi (Business) 13 July 2010

I have a plot with compound build on pre existing basement of the seller 16 years back. Now the adjacent plot was purchased by a person 3 years ago, and he says I am deviated to his side. I built compound when the previous owner was there and he never objected while after 16 years the next person who brought the property claims i have deviated to his side and wants to demolish the compound in his favour. What am I to do now?

Ravi

Devesh A. Bhatia (Advocate) 14 July 2010

This answer is for Mr. Bhat.

You may send a notice to your co op society for changing name of the nominee. Same shall be mentioned in your will that you have notified the coop society for changing the nominee and your intention is that your daughter shall be sole heir of your properties.

If you dont take this step then your kids may be entangled in legal dispute for long time.