Legalisation
Venkat Iyer
(Querist) 24 July 2015
This query is : Resolved
Dear Sir,
I am a recepient of a self aquired property of my Father.Un fortunately he had prepared a nomination in my name in 1985.He died in 2010.No will has been prepared.The other legal heir have given no consent letter in an affidavit duly notarised.
The cost of property has gone up.A fear has engulfed in the minds of family members about the claim by the other legal heir.
In view, pl. advice the recourse to legalise the matter to avoid any coplications & hardship to the family members in the future.
Advocate Kappil Cchandna
(Expert) 24 July 2015
Sir,
What are the contents of the nomination.
Warm Regards
Kapil Chandna Advocate
9899011450
Venkat Iyer
(Querist) 24 July 2015
Dear Sir,
Std nomination.viz,I nominate my son.... to recv my flat in the event of my death.
Regards,
Venkat Iyer
P. Venu
(Expert) 25 July 2015
A nominee of the deceased person is only a trustee on behalf of the legal heirs.
Please examine if there are special circumstances which warrant the so-called nomination to be considered as a Will.
Rajendra K Goyal
(Expert) 25 July 2015
Proceed to transfer the flat in your name and in case NOC / renunciation letter is required from other legal heirs, obtain these and submit.
Venkat Iyer
(Querist) 25 July 2015
Thanks for the advice.The flat has been transferred in my name.But to ensure smoothness in operations for future impediments & as advised by Mr.P.Venu, could u suggest,if there are special circumstances which warrant the so-called nomination to be considered as a Will.
T. Kalaiselvan, Advocate
(Expert) 01 August 2015
Mere transferring the shares or name in the share certificate of the society in respect of the property to your name will not confer title on you. The property should be registered on your name before the registrar's office which only can be considered as a valid legal title document. Nominee here is just a trustee on behalf of all legal heirs to receive the property and handover to the legal heirs at a any date or later date.
Consult a local lawyer and initiate the necessary process to get the property on your name by observing all the legal formalities in this regard.
Venkat Iyer
(Querist) 03 August 2015
Adv.Kalaiselvan,
Thanks for the advice.The property has been transfered by the Society in my Name.The precaution is for the future.Pl advice.
Regards,
