Will
BEENA SINGH
(Querist) 27 January 2014
This query is : Resolved
Kindly advise me on below queries
A will and nomination was made by Mr.A in favor of B and C in respect of one flat But Mr.B expired before Mr.A and Mr. A also expired without making any other documents
So does the clause of will and nomination made in Favour of Mr. B automatically become invalid or his legal heirs has a right to claim on his behalf ?
Can Mr. C alone Claim the ownership of Such Flat.
ajay sethi
(Expert) 27 January 2014
since B has died before A the flat would devolve on C . B legal heirs would not have any claim on said flat
BEENA SINGH
(Querist) 27 January 2014
Thank you Mr. Ajay for your feedback
ajay sethi
(Expert) 27 January 2014
thanks for your appreciation
Guest
(Expert) 27 January 2014
Your query is irrelevant without mention of the dates of will in the name of B, date of nomination in favour of C, and the terms included in the will.
T. Kalaiselvan, Advocate
(Expert) 28 January 2014
It is not understood that how a will and nomination are made together. If there was a Will executed, what was the necessity for a nomination? If the nomination is supposed to have existed what is the status of the Will upon the death of its testator, coincidentally he who has nominated the same person besides executing a will in his favor. Taking only will is existing, the property will devolve upon only C and the heirs of B will not any right to claim any share in the property.
Advocate. Arunagiri
(Expert) 28 January 2014
Very good analysis by Adv.Kalaiselvan.
I am also having the similar opinion.
Anirudh
(Expert) 28 January 2014
As I understand from the query, "A" made WILL bequeathing a Flat in favour of "B" and "C".
Naturally, the share (50% each etc.) would have been specified in the WILL (which fact has not been clearly stated by the querist).
As "B" had pre-deceased "A", and no provision has been made in the WILL to take care of such eventuality, the share as spelt out in the WILL will go to "C". The remaining share (which was originally allocated in the WILL to "B") would go by way of inheritance by the legal heirs of "A". Therefore, the legal heirs of deceased "B" would be entitled to their share along with "C".
BEENA SINGH
(Querist) 28 January 2014
To,
T. Kalaiselvan, Advocate
Sir will and nomination was made at the different date will was made in the year 2008 in respect of all movable and immovable properties however a nomination form was submitted in favor of nominee only for a single Flat.
and the nomination form was submitted by her in the Society according to requirement of Society Bye-Law
Sir, I am very much confident about your above opinion but as I am tried to find some section in the Hindu Succession Act pertaining to such matter and judgment but not able to get the relevant section and judgment. Can help me for the section ?
Thank you very much for your feedback.
BEENA SINGH
(Querist) 28 January 2014
Sir,
I also have the opinion that C is entitled to get his share 50% Share in respect of that Flat. However, in the absence of succession certificate in respect of that flat he has to apply for the probate.
Guest
(Expert) 28 January 2014
I have some different opinion, but my query has not been replied fully by you. While you have mentioned the year of will, you have not mentioned the date or year of nomination. Please clarify about that.
Now with reference to your part clarification, another question arises, at the time of making will whether the writer of the will was also having ownership of society flat or the flat was alloted later than the date of making will?
BEENA SINGH
(Querist) 28 January 2014
sorry
will was made in the year 2008 and nomination form year 2011.
A said Flat was acquired by the nominator through the will of his brother in law
and probate was also done at that time year of the probate is 2009
and in will it is clearly mention that the properties possessed by me at the time of death will also go to nominee only.
adv. rajeev ( rajoo )
(Expert) 28 January 2014
Will holds good. In my opinion nomination cannot be made in case immoveable properties.
