Kunal Shah (Analyst) 20 January 2010

Precedence of Nomination or Will

Hi,

This is Kunal Shah.

I wanted a clarification on precedence of Nomination over Will.

To elaborate, suppose if a aunt has nominated his nephew in the cooperative housing society and also registered a will to him for the flat after her death. But afterwards she registers one more will in favour of his son.

Who in that case would take precendence in this case ? Cooperative Housing Society Act OR Hindu Succession Act!

Thanks,

Kunal Shah.

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2 Replies

V. VASUDEVAN (LEGAL COUNSEL) 20 January 2010

The nomination is given under the cooperative societies act, primarily to enable the society to get the transfer/trnasmission in favour of the nominee. This is governed by the Cooperative Societies Act, its ruels and bye-laws as adopted by the society. However, the succession is governed by the succession act - as may be applicable to the member by religion. The Nominee is a trustee of the successors/legatees and bound to distribute the property in accordance with the will of the member/testaror. In the instant case referred by you, the last will and testament takes precedence and the nominee is bound to receive and distribute the property in favour of the testator. vasudevan

Kunal Shah (Analyst) 25 January 2010

Hi,

Thanks for your prompt reply.

So could you please let me know how could I have some legal document which would actually take precendence on any of the wills either made earlier or will be made afterwards, Is there are any such agreement?

Also could you please let me know whether a an aunt can make a gift deed of house property in favour of his nephews wife? if yes what are the taxes which needs to be paid?

Thanks in advance.