My father recently passed away. His legal hiers are my mother, my sister and myself. He had 95% shares in a flat in Mumbai and the remaining 5% were my mothers. As per his will my late father has nominated my sister for his flat and other assets may be given to me, but has stated that if his wife survives him, she is to enjoy the property and all assets and will have full authority to change part or full text of the will as circumstances so demand.
My mother has sent me an Affidavit titled: "to be given by a nominee, if there are more nominees/hiers than one" and the three of us have been listed there. It further states that the three of us have agreed that she should become a member of the society and that all my late father's shares should be transferred to her and that if there is a claim by any other person, the three of us would bear all legal expenses. Furthermore the last line states that this is being solemnly declared at Mumbai, and bears only my mother’s signature, with the expectation for me to sign. My sister has not signed the document.
I do not mind giving a no objection certificate to transfer the shares to my mother. However, as I have not inherited anything nor been nominated I do not wish to assume any form of liability whatsoever related to the flat and to this transfer. Since I live in Melbourne, Australia; how do I proceed to independently send a no objection certificate and what clauses should it have ? a draft would help.
