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Author Topic: Nomination and Will - Advice needed urgently.  (Read 1087 times)

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Offline pgm

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Nomination and Will - Advice needed urgently.
« on: February 17, 2015, 11:20:26 PM »
1) I am an eldest son in the family staying with my parents in Mumbai. Our house is registered in my father's name, he wants to give it to my married sister who already has her own house in Mumbai.

2) My mother wants our house to be given to me, what rights my mother would have on this property? Can my mother object or challenge my father's decision by law? Can she make her own will without the knowledge of father, will such a will legally acceptable?

2) As I am a divorcee and has no other place to live. Can I challenge my father's decision in court of law?

3) Before divorce I had bought a house, where almost 65% was paid by my then in-laws. Remaining 35% we had availed loan on joint names. Post divorce outstanding loan amount was paid off by my ex-wife.
The house was registered jointly on the name of myself and my then wife. What kind of legal right do I have on that property?

Offline Advocate M.Bhadra

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Re: Nomination and Will - Advice needed urgently.
« Reply #1 on: February 18, 2015, 04:48:38 AM »
Please note the following:-

1)If property is belong to your father so he can gift to your sister during his life time with any consent form others.

2)Your mother can not challenge and raise objection.

3)You have no right over the property during his life time.

4)This is other issue you will get 50% share from the joint property with your wife even after divorce.

M.Bhadra,advocate at Kolkata,9836589246


Offline pgm

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Re: Nomination and Will - Advice needed urgently.
« Reply #2 on: February 19, 2015, 10:04:44 PM »
Thank you Adv. Bhadra.

One more query is, if my father nominates 100% share of the flat to my sister, can I challenge the same after his death? Will housing society ask any NOC from all legal heirs before transfer?

Offline saravanan.s

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Re: Nomination and Will - Advice needed urgently.
« Reply #3 on: February 22, 2015, 08:22:29 AM »
if he dies intestate you will get 1/3rd of whatever self aquired property is there on his name along with ur sister and mother.if he wills it to ur sister alone then you can object it while you probate the will in the court if you have any valid objections

 

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