Nomination in flat
jwalamukhi
(Querist) 30 August 2013
This query is : Resolved
MY MOTHER OWN A FLAT IN COOP HOUSING SOCIETY IN HER SINGLE NAME. I AM HER SON STAYING WITH ALONG WITH MY SON AND WIFE. I HAVE A SISTER A SISTER WHO IS HAPPILY MARRIED AND IS VERY WELL OFF. BOTH MYSELF AND MY SISTER ARE THE ONLY LEGAL HEIRS.
SHE WANTS TO NOMINATE THE FLAT IN THE FOLLOWING MANNER- MY SISTER (90%) AND MYSELF (10%). SHE WANTS TO NOMINATE THIS WAY BECAUSE I AM SEPERATED FROM MY WIFE WHO MAY FILE FOR DIVORCE AND DEMANT A SHARE FROM MY INHERITED PROPERTY IN THE FUTURE.
AFTER MY MOTHER'S DEATH WHEATHER MY SISTER BECOMES MEMBER OF THE CHS AND I BECOME AN ASSOCIATE MEMBER. HOW DOES SOCIETY IMPLEMENT SUCH KIND OF NOMINATION i.e. 90% AND 10%. WHAT WILL BE THE RIGHT OF MY WIFE IN MY INHERITED PROPERTY, IF SHE FILES FOR DIVORCE.
AFTER MY MOTHER'S DEATH, WHEN MY SISTER BECOMES THE OWNER AND I BECOME THE CO-OWNER IN THE FLAT, CAN MY SISTER DO THE FOLLOWING:
1) AFTER MY SISTER'S DEATH
A) NOMINATE ME HER BROTHER AND SUBSEQUENTLY I BECOME THE FULL OWNER OF THE ABOVE FLAT.
B) NOMINATE MY SON WHO BECOMES 90% OWNER OF THE PROPERTY.
2) WHEN SHE IS ALIVE
A) WHEATHER SHE CAN RELINGUISH HER RIGHT IN THE PROPERTY i.e. 90% IN MY FAVOUR. IN THAT CASE WHAT WILL BE THE TAXATION/STAMP DUTY INVOLVED
B)WHEATHER SHE CAN RELINGUISH HER RIGHT IN THE PROPERTY i.e. 90% IN FAVOUR OF MY SON. IN THAT CASE WHAT WILL BE THE TAXATION/STAMP DUTY INVOLVED
ajay sethi
(Expert) 30 August 2013
a nominee is only a trustee for legal heirs .
if your mother desires t give her daughter 90%share in flat she can do so by will .
marriage amendment bill has not yet been passed by both houses of parliament . wait till it becomes law . wife would be entitled to compensation for your share in property .
