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 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.

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 ?.

India | 400101 | Probate, Trusts, Wills & Estates


Asked on 6/06/13, 6:51 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

07.06.2013

Repeat query ... already answered.

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Answered on 6/07/13, 7:56 am


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