Ashok Gandhi (AE) 18 June 2012
My late father had made the nomination of the flat in which we are currently staying in my name and my 2 brothers. He has not mentioned name of my sister in the nomination of the flat. After my fathers death my late mother had prepared the kuchha will stating the same thing (not registered). Can you please suggest whether my sister can still claim rights in the property? What can be done to avoid any confrontation?
Please suggest
Thanks
Adv Archana Deshmukh (Practicing Advocate) 18 June 2012
If the flat was in the name of your father alone, then mother cannot make a will in respect of the entire flat.
As far as nomination is concerned, nominee is just a trustee who receives the estate for all the heirs. So your sister can definately claim her share.
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