Posted in atoneplace.com, Builder, Buy Real Estate, citizen of India, India, Indian Property, Indian Real Estate, legal, Legal heirs, Mumbai, Real Estate, Real estate legal india atOnePlace.com, Registration, Residential Property, Sale of Properties, tagged co-operative housing society, deceased, flat, Indian Property, Indian Real Estate, joint owner, Lawyer, Legal heirs, legal ownership, maharashtra, Mumbai, nominee, Property documents, property ownership, Property Title, shares, supreme court, title deed, trustee, will on March 6, 2009|
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Question asked by Ms. Yamini Mehta :
Dear Sir/Madam, I saw your real estate property advertisement in the news paper. I will very much appreciate your immediate reply in the following matter. I have following questions about Indian property – real estate and family or any other applicable laws and procedures in the state of Maharashtra (Mumbai), India.
If a married son owns a flat (apartment) in a Co-operative Housing Society in Mumbai and his mother’s name is shown as a “nominee” on the property ownership documents then what kind of legal ownership rights does the mother has in case of son’s death?
What does it legally mean when one’s name is shown as a “nominee” on the property documents? In this case, what kind of legal rights to the property ownership does the wife of the son has? (specially, if son is dead)?
If the son has a “Will” indicating that the ownership of the flat should go to the mother after his demise, can son’s wife still claim the ownership of the flat and get the legal ownership of the flat after husband’s demise? Or whatever is on the “Will”, will prevail over the property and any other applicable laws?
In other instance, if mother’s name is listed as a co-owner of the property (flat) along with son’s name, (that is, if mother and son are joint owners of the flat) and son dies; does the mother become the sole owner of that flat automatically? Or in this case, son’s wife can claim the ownership of the partial property (flat) which is on her husband’s name and can become the part owner of the flat? In the above matter, what is the best legal way to secure property on mother’s name (who is in ill health), so the property (flat) cannot go to son’s wife as an owner or part owner after son’s demise. Please reply soon this is an urgent matter.
Thanks.
Sincerely,
Yamini Mehta
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