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My former husband and I jointly owned a flat in Navi Mumbai. Post our divorce, the flat has come into my possession. Now, I want to approach the society for transferring the flat solely in my name. Will the divorce decree be sufficient documentation for the same?
—Name withheld on request
Though the flat has come to your share vide the divorce decree, it will not be sufficient to transfer the flat in your favour. Your ex-husband and you will have to execute the necessary transfer documents, under which the share of your ex-husband in the flat will stand transferred in your favour. Further such document will have to be stamped and registered with the concerned sub-registrar of assurances to complete the transfer. Additionally, we would also recommend that your husband execute the necessary society transfer forms. You need to submit the registration document evidencing transfer along with the society transfer forms to the society which will then transfer the flat in your favour. It is however, advisable to connect with a local advocate, who will help you draft and finalize the necessary documentation.
My father died recently. After his death, my brothers—who were nominees to his FD account— withdrew all the amount without my knowledge. The bank says that the death claim has been settled and paid to the nominee. I want to know whether I am entitled my father’s amount and what I can do about it?
—Name withheld on request
We are assuming that you and your family members are Hindus, and are therefore governed by the Indian Succession Act, 1925.
With this assumption, in case your father had prepared a valid will, then the entitlement over the FD monies will be governed by the provisions of his will. In case he died without a valid will, then the entitlement over the FDs will be governed by Indian Succession Act, 1925, and all your father’s legal heirs will be entitled to a share in the FD. As per various judicial pronouncements, nominations neither supersede testamentary documents (like a will) nor do they supersede the laws of inheritance, as may be applicable. Nominees are merely trustees of the rightful legal heirs (as per will or law of succession).
You should immediately consult a local lawyer and initiate appropriate proceedings to stake your and other heir(s) claim over the FD monies.
Hemang Parekh is partner and Mitali Naik is associate partner at DSK Legal.
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