Nominations property NRI
Moh
(Querist) 25 October 2015
This query is : Resolved
My father has a property in his name in Mumbai. He has made a Will in my and my wifes name. We ( myself and wife) are NRI and British citizen.
Currently,He has nominated us. Should He add my brothers name as a nominee?
My brother lives in Mumbai. As he is local, It will be easy for him to do the paperwork needed to transfer the property to us.
It will be difficult for us living in UK to do the paperwork i.e. attending meetings, going to municipal office.
What is the procedure for transfer of names? How long it takes?
What should be the percentage in nominations?
Many thanks
Kumar Doab
(Expert) 25 October 2015
Nomination in a housing society is not a parallel route to succession.
Nomination in society is for administrative purpose of having someone to deal with.
Succession is decided as per personal laws applicable to the owner e.g. Hindu, Muslim,Christian ..............
The owner is alive and can nominate anyone and decide the share.
If he has made a WILL and has not included your brother then it implies that he does not want to leave any share for him.
The WILL should preferably be registered.
Registered WILL fetches more reliance and may not be set aside if contested.
In Bombay it is mandatory to probate the WILL.
Moh
(Querist) 25 October 2015
Thanks for your reply.
My fathers Will (in myself and my wifes name) has been registered.
There is no family dispute.
We (father, brother and myself) are thinking of including my brother name in nominations just for practical reasons ie he can do the running around needed to transfer the property in our name ( me and my wife).
In summary, will there be confusion if the Will has only my and my wife names and nominations has my brother name in addition to my and my wife names?
Kumar Doab
(Expert) 25 October 2015
As already posted the nomination in housing society is not parallel route to succession and does not confer ownership rights.
The WILL once probated shall fetch you ownership.
If there is no dispute in family and WILL is not contested it shall be probated.
Rest you may discuss with secretary and president of the society and go thru Housing society rules, and discuss with your lawyer.
Rajendra K Goyal
(Expert) 26 October 2015
Agree with the advise from expert Kumar Doab.
K.S.Srinivas
(Expert) 28 October 2015
I agree with Sri Kumar Doab.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
Nominees do not have any right over the property if the owner is alive, so adding your brother's name as nominee shall not confer any title to him or any authority to him to get your succession to the property. Adding his name will be multiple nominees, even otherwise the nominee cannot get the property transferred in his name nor he can be instrumental to get the property transferred to some other's name. legal procedure meant for transfer of property has to be followed by the person in whose favor the property is likely to be transferred after the demise of the owner.
So think of the situation and decide next course of action, dont take any decision in haste.
