Can I switch a collectively owned flat to my title with a divorce decree?
My former husband and I collectively owned a flat in Navi Mumbai. Post our divorce, the flat has come into my possession. Now, I wish to strategy the society for transferring the flat solely in my title. Will the divorce decree be adequate documentation for a similar?
—Name withheld on request
Though the flat has come to your share vide the divorce decree, it is not going to be adequate to switch the flat in your favour. Your ex-husband and you’ll have to execute the mandatory switch paperwork, beneath which the share of your ex-husband within the flat will stand transferred in your favour. Further such doc should be stamped and registered with the involved sub-registrar of assurances to finish the switch. Additionally, we might additionally advocate that your husband execute the mandatory society switch types. You have to submit the registration doc evidencing switch together with the society switch types to the society which is able to then switch the flat in your favour. It is nonetheless, advisable to attach with an area advocate, who will show you how to draft and finalize the mandatory documentation.
My father died not too long ago. After his demise, my brothers—who had been nominees to his FD account— withdrew all the quantity with out my information. The financial institution says that the demise declare has been settled and paid to the nominee. I wish to know whether or not I’m entitled my father’s quantity and what I can do about it?
—Name withheld on request
We are assuming that you simply and your loved ones members are Hindus, and are subsequently ruled by the Indian Succession Act, 1925.
With this assumption, in case your father had ready a sound will, then the entitlement over the FD monies will probably be ruled by the provisions of his will. In case he died with no legitimate will, then the entitlement over the FDs will probably be ruled by Indian Succession Act, 1925, and all of your father’s authorized heirs will probably be entitled to a share within the FD. As per numerous judicial pronouncements, nominations neither supersede testamentary paperwork (like a will) nor do they supersede the legal guidelines of inheritance, as could also be relevant. Nominees are merely trustees of the rightful authorized heirs (as per will or regulation of succession).
You ought to instantly seek the advice of an area lawyer and provoke applicable proceedings to stake your and different inheritor(s) declare over the FD monies.
Hemang Parekh is accomplice and Mitali Naik is affiliate accomplice at DSK Legal.
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