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Moh (dr)     21 June 2015

Nomination

Both myself and my  wife are  British citizen with oci. I bought Flat in coop soceity in 2009 in mumbai in my fathers name. ie my father owns the flat. He has made a Will stating that myself, my wife and 2 kids (25% each) are legal heirs to the property. My flat is currently rented out.

My question-

For nomination purposes, can my father nominate both (myself and my wife) with 50 % share even though we are not indian inhabitant   OR 

Nominate myself (34%), my wife (33%) and my brother who lives in mumbai (33%). The only purpose of adding my brother is that  he lives in mumbai and allow smooth transfer of property to us.

 

Thanks in anticipation



Learning

 4 Replies

Kumar Doab (FIN)     21 June 2015

The WILL should prevail upon nomination. Register the WILL.Registered WILL fetches more reliance. WILL in Mumbai need to be probated. Nomination in housing society does not create parallel route to succession. In the absence if WILL the ClassI legal heir shall succeed to get equal share i.e. spouse, children.......

Moh (dr)     21 June 2015

Thanks for your answer

what does - WILL in Mumbai need to be probated  mean?

Kumar Doab (FIN)     21 June 2015

The issue of  "Probate"  is a state law  …………All the presidency towns of India (eg. Bombay) have to compulsorily  probate the will for execution purposes.

 

 Probate of will is a legal process in which the court of adjudicature certifies the authenticity of the will under their court seal and hands it back to the executor.

Consult your able lawyer well versed with state laws and dealing in civil/property/revenue matters.

Moh (dr)     21 June 2015

thanks for your reply

So in summary, my father can only put my name and my wifes name on the nomination form even though we are british with OCI


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