Legal Question in Wills and Trusts in India

1. The Sale Agreement of residential property in MUMBAI is in the Joint name of Father and Mother. After the death of Mother, Father gave the fresh 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 Son or Daughter.

2. After some time Father makes a WILL with same 50% Share each to both.After the death of Father ,Son disputes and instruct the Society in writing not to Transfer the Residential Flat in the name of both but claims 100% Share saying that Father is not the Sole Owner of the Property and hence no Legal Right to give Nomination and make Will on the Whole Property.To claim his illegal 100% Share Son intentionally reported as shifted from his Permanent Residence in the same nearby area and presently residing in the Disputed flat.Executor named in the Genuine Registered Will refused to act and the witnesses to the Will are influenced by the Son.

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

4. What are the proper Legal Steps to be taken in this regard to settle the matter at the earliest?.

1 Answer from Attorneys

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