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Mukesh   28 August 2019

transfer of property in case of death of one of owner

hello my parents have bought flat in Mumbai in 2006.the shares certificate had name of both of my parents I was the nominee with 100% my father died in 2007 the society had transferred the share certificate in the name of my mother (deleting my father name) now
can my mother make a will to t
ransfer the property in my name without consent of my brothers and sisters


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 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 August 2019

Ji, as per your narration, your mother may give Gift to you or any one only for her 1/2 share only.  The 1/2 share of your father shall devolve between you, your siblings and your mother equally.

G.L.N. Prasad (Retired employee.)     29 August 2019

A person can give what he himself legally possess as a matter of right.  Your mother can at the most relinquish her right of share in the flat to your name and not more than that.  A nomination is for settling with society and the role of a nominee is a trustee for and on behalf of all other legal heirs.

P. Venu (Advocate)     29 August 2019

Your mother can transfer or bequeath her share in the property in your favour. However your late father's shar in the property is jointly vested with you. your mother and siblings. The nomination has not made you the absolute owner of that property; you are only a trustee for all the jointholders.


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