Legal Question in Wills and Trusts in India

1. The Sale Agreement of residential property is in the Joint name of Father and Mother. After the death of Mother, Father give the Nomination Form to the Society naming Daughter as 1st Nominee (50%share) and Son as 2nd Nominee (50%share) and Society registers the same in their records without obtaining NOC from any of the Beneficiaries.

2. Whether the Nomination made is valid and what are the Legal implications about Transfer of Share/Property (a) if no Will is made subsequently (b) if Will is made subsequently with same 50% Share each ?.


Asked on 6/03/13, 10:22 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.06.2013

Dear Sir / Madam,

The nomination made by the father is perfectly valid. If Will is subsequently made by the father, the beneficiary named in the Will will have a legal right to the title of the property. If no Will is made, the nomination of 50% in the name of the daughter and the son will prevail.

Regards,

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Answered on 6/06/13, 5:59 am


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