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Kakkattil Mohan   28 January 2022

Nomination in house property

1.  We (me and my wife) have a flat in Jamshedpur which is jointly owned by me.    I want to know how to nominate my daughter so that she gets the ownership of the flat after the death of the joint holders.

 

2. Howe can we jointly make a WILL in the favour of my daughter so that she gets the ownership of the flat after the death of the joint holdres



 5 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     29 January 2022

There is no nomination process for immovable property as do we have for shares etc.,. However, you both are at liberty to execute a WILL DEED in favour of your daughter as beneficiary of the property after your demise.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 January 2022

In the case of jointly held properties, where individual shares are not specified, one becomes the owner in the event of death of  the other. The chances of both dying together is very unlikely. If you make a joint will, such will must also state what will happen if one testator pre-deceases the other.   Or you can also make two separate wills stating also what will happen if one of the testators predeceases the other. Consult an able lawyer to draft the will. 

Kakkattil Mohan   29 January 2022

Thank you so much🙏

Megha   29 January 2022

Hi,

If the daughter is your only child, the property will delve upon her both in the case of nomination or transfer by way of will.  

Since it is a jointly owned property, you will have to expressly provide for the division in case one of the owners pre-deceases the other.  If nothing is specified in this regard in the will, the property will delve equally between Class I legal heirs as provided under the Hindu Succession Act ie between the surviving owner-spouse and your daughter.  The property will be fully available for enjoyment in the hands of the daughter uoon the death of both the owners.  

Best regards,
Megha

Kakkattil Mohan   29 January 2022

Thank you so much🙏


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