Legal Question in Real Estate Law in India

My father had made a nomination in 2002 where he nominated my mother and me as the nominee.

in the year 2008 , 6 months prior to his death , my mother got a thumb impression of my ailing father who was not even in his senses .. the same was witnessed at a later date by two witnesses but the mc at that time accepted the nomination form without noticing the error. in this nomination the nominee was my mother only.. the mc changed in the year 2009 and my father expired in may 2009. i challenged the new nomination form on two grounds : 1. faulty witness and 2. illhealth and unsound mind of my father which is certified by my family physician.

the new mc is not taking my submission on the ground that the nomination has been accepted by the then mc and they do not have the powers to overrule or set aside what has been done by the previous mc.

is the society justified in taking this stance ?? is there any law which prohibits the new mc to overrule the prev mc decission ?? what is the best option for me to get the mistake rectified and the property be transferred in two names as per the first nomination??


Asked on 5/14/11, 11:07 am

1 Answer from Attorneys

Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

your queries need some detals discussion so it is better to contact me in my number 09874753359

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Answered on 5/15/11, 4:34 am


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