How to add my children's name in the property documents ?

Question

How to add my children's name in the property documents ?

10-Feb-2023 (In Property Law)

The said Flat was in the name of my wife. My wife expired 3 years ago. Me being her husband is the nominee in the Flat Agreement Document. We have not submitted any document to the Society after her death. Now I wish to nominate my children (not minor) for the same flat such that after my death, they would not face any issues like getting succession certificate etc. Kindly guide me on the same. Please tell me how to add name in property documents? Thank you.

Answers (4)

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Adv. Anil Gaikwad Adv. Anil Gaikwad

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LawRato LawRato · Accepted Answer · 2018-02-14T14:26:14+05:30

Hi. After the demise of your wife, you and your children, as the immediate legal heirs, become entitled to the flat, in the respective proportions as per the personal law by which you are governed. You can release your share in the flat jointly in favour of your children. When a flat owner appoints a nominee, after the death of flat owner, the society can safely transact with nominee for the purpose of accepting maintenance and for other society related matters. But a nominee does not of itself become the owner of the flat after the demise of its owner. A nominee only stands as a trustee for legal heirs of deceased flat owner. For the flat to be transferred to the names of the legal heirs, the society can insist for Letters of Administration from the court of law. Many societies dispense with such a requirement and do the transfer based on non receipt of any objections pursuant to a public notice issued for inviting objections against transfer of flat to legal heirs and on submission of relevant documents from the legal heirs.

Advocate JV Bhosale LawRato · Accepted Answer · 2018-02-16T21:33:02+05:30

Answer #3

Dear Client, Flat was on your wifes name- you were the nominee- Now you first of all need to become the owner and then you can add your kids a nominee for the said flat. Kindly consult empaneled advocate of LawRato with all the necessary documentations to get precise and correct advice. Expert Jurist LLP

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Advocate Gowaal Padavi LawRato · Accepted Answer · 2018-03-28T20:16:18+05:30

Answer #4

Your are only the nominee of the said Flat if there is a clause in your agreement. Otherwise you need to know that after your wife's death you and your children become the owners of the said Flat. All of you are equal owners of the said Flat. If you are the current owner then you can make a will in favour of your children in respect of the said Flat,

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