share of daughter right
rashesh
(Querist) 07 September 2014
This query is : Resolved
Dear sir I want guidence that my father in law has three property.one property he ha given u as gift by affidavit. And second property in that my wife is nomanee in the society register and third property is disputed between ourself and cousin brother.my father in law as remarried and his marrage survive only 4 yrs .now he is no more.we have given all jewellery and bank balance to her.wether we have to give right in second and third property.
Kumar Doab
(Expert) 07 September 2014
If gift deed is registered it is better.
Nomination in society records does not create any parallel route for succession and nomination does not overrules or supersede right of legal heir/successors.
The society asks for nomination just for the convenience of dealing with a person for Admn. Purposes.
Hence your wife as Nominee won’t be able to sell if other Legal Heir/Successors are present and nominee being trustee shall have to handover the share of Legal heir to them.
For the dispute between cousin brother show the papers of record to your lawyer and proceed under expert advice of your lawyer.
If a registered settlement deed is available in lieu of Jewelry/bank balance it is better.
If still all parties in the dispute(s) of property/estate of the deceased are willing and satisfied a settlement deed may be drafted by your able lawyer and registered to put all disputes to rest and for 'no troubles in future.'
ajay sethi
(Expert) 07 September 2014
1) git of immoveable property cannot be by means of an affidavit . you need a gift deed executed by FIL duly stamped and regd .
2) in respect of second property your wife is only a trustee for other legal heirs . even if flat is transferred in her name she cannot sell it without consent of other legal heirs
Raj Kumar Makkad
(Expert) 08 September 2014
This is your repeated query and as previous has already ben replied hence no more to add.
