muslim cannot bequeath more than 1/3rd of his property by will . your father should during his life time execute a gift deed in favour of the children from 1st marriage . nominee is only a trustee . if your father makes nomination of flat in name of children of 1st marriage the nominees would only be trustees . hence gift deed is best option . contact a local lawyer
Property distribution
I belong to a muslim family, my mother expired 3 years back, i have 2 younger brothers, my father got married again from her he has a 1year old son, she was a divorcee with a daughter under 18. my father has 2 flats and a shop in his name. he wants to give 1 flat ( Currently where i and my younger brothers reside with our grand mother) and the shop to 3 of us, and the other flat where he is residing to the second wife. my father has already made a will (un-registered) before the second marriage stating the above but he has mentioned nothing about the property distribution for the second wife in the will. 1Q) what documentation shud be made for the peaceful transfer of the property? 2Q) how strong is the will which he has already made? 3Q) Is will a good instrument or is there any other options available( i have heard of nominee in property , not quite sure) Thanks for your valuable time
Asked 10 years ago in Property Law
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2 Answers
1. Your father can make a gift deed of the shop and flat in your favour. The gift deed, once made, has to stamped according to the law and the value of the property.
2. The will made by him during his lifetime is valid if it does not exceed 1/3rd of the property.
3. Nomination will not pass the ownership to you. Go for gift deed.
