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Mohsin (Doctor)     14 July 2013

Property nomination

Hi

 

I have a property. I have 3 sons and wife. I wanted to nominate the property and put down names of all 3 sons.

should I put 100% or 33.33% in front of each name.

what happens on my death

On my death, can my 3sons nominate 1 of them as the sole heir

 

Thanks



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 July 2013

You can execute the will to dispose your property according to your will and wish in the name of  3 sons.  Whatz about your wife?

Advocate Ravinder (Advocate/Attorney)     14 July 2013

Nomination is for only financial institutions/banks/policies etc not for immovable property. You have to execute will deed preferably registered will.  If you do not execute will deed, the property with be devolved by succession i.e. as per law.  Succession differs from religion to religion.  By name it appears that you are muslim. The rules are different for muslims, contact lawyer. 

Mohsin (Doctor)     14 July 2013

ThAnks for the quick reply

my family including my wife and 3 sons are in agreement that the property should go to youngest son. There is no confusion. So at the moment, I have just filled a nomination form in building society and mentioned all 4 names in it with 100% written in front of each of them .

question-

1- is that enough or should I do a Will as well. At the moment, the arrangement is,upon my death,  all 4 of them will tell building society that the property should be transferred to youngest son. Is the process that simple or am I missing something.

2- in the nomination form, should I put 25% in front of each of them or should I keep it 100%?

 

Thanks

Advocate Ravinder (Advocate/Attorney)     14 July 2013

Nomination of Building society is just like nomination in Banks.  By nomination the right will not transfer.  Afer your death  it is authority to hand over the property to the nominee to relieve from the burden of keeping the property in the possession of Building soceity.  At any time legal heirs can claim the property from the nominee.  

 

My advice is to better follow will preferably registered will, there will not be any charges for it is very cheap. There will not be any future complications. 

Mohsin (Doctor)     14 July 2013

Thanks for your reply Mr Ravindra

whom should I contact for Will. There are so many different type of lawyers.

where to register will and where is it stored

 

Might sound silly questions but I have no clues

Thanks once again

Best wishes


Advocate Ravinder (Advocate/Attorney)     14 July 2013

Any civil lawyer will do, but he should have atleast 10 years experience in civil matters.  You may pay him between 1,000/- to 3000/- plus registration charges will be nominal.  

Mohsin (Doctor)     14 July 2013

Will make a will right away

Only question remaining is which I have asked in previous post

 

 

Q-in the nomination form, should I put 25% in front of each of them (3 son and my wife) or should I keep it 100% in front of each of them ( 3 son and my wife)?


Thanks once again


Mohsin (Doctor)     14 July 2013

Coming to Will

 

Can I mention that my youngest son gets 75% of the asset/ property and other 2 son have 12.5% each. This is to prevent the youngest son from selling the property on my death but he has to consult other kids to sell. I am sure the lawyer will help me.

Advocate Ravinder (Advocate/Attorney)     15 July 2013

Nomination is only nominal.  So appoint any one person as nominee not all members.  And you mention this fact in the will saying that though my youger son is appointed as nominee, the property belongs to my 3 sons and wife and it will be divided in the following way i.e. 75% to my younger and 25% to my other 2 sons and wife.  i think your query is resolved.


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