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vernon (temp)     14 May 2014

Transfer to nominee

Hello,

My Father ( Sole owner of flat in Mumbai ) dies Interstate.
My father had filled the Society nomination form in the name of WIFE 50 % and 1 SON 50% . There are 4 other siblings who are not listed on the nomination form.

After my Fathers death, society has transferred full 100 % share ownership in the name of mother without the consent of the other son nominated in the nomination form and this notation has been made in the Share certificate.
Now Mother has also passed away. No nomination form has been filled. Mother has made a will but it is not registered. There are in total 5 legal inheritors. The will is being contested by only one adult sibling.
The property  (as of today) stands registered in the Society records, in the name of Mother 100 %

Q:  Can society rectify / ammend the share certificate to add the 'son - 50 %' share as nominated by Father ?

Q: Can son apply for membership based on earlier fathers nomination ?

Q: Is son entitled to 50% ( Fathers)  + 10% of Mothers shares ?equalling  60 % shares in total ?

Thanks
Vernon



 1 Replies

Kumar Doab (FIN)     14 May 2014

IN your case the Nomination is for the purpose of convenience dealing between society and owner/legal heir(s).

 

Mere nomination does not supersede succession.

All CLassI legal heir shall share the estate of the owner i.e. deceased father.

The society itself shall make it clear to you.

Deceased Mother can give her share only by WILL.

WILL may be probated.

 


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