Legal Question in Wills and Trusts in India

My Dad had a flat in a cooperative Society and has nominated a non-relative (lady who is occupying the flat and in the nomination termed as a Mistress) as a nominee with me his son to get the flat after her death. This nomination was made in 2006. Now Dad has expired and left a will made in 2003 stating that the flat should be transferred to my name after his death and I need to allow the lady to live in the flat till she lives and give her a fixed sum every month and also pay for all the society dues and electricity. I have enetered into an Memorandum of Understanding with the lady and she has agreed and signed an undertaking to the Society to transfer the flat in my name with an understanding that I give her maintenance and let her live in the flat till she lives. We submitted the MOU and my application to transfer the flat on my name to the Society and they have come back saying that this cannot be done and as per nomination they will only transfer it to the Lady�s name. I even mentioned that we have come to an agreement and whatever more is required the same can be submitted signed by the Lady so that I get the flat to my name but they are not willing. Please advice especially where the nominee is saying please give it to the nominee named after me by my Dad.


Asked on 12/28/11, 1:09 am

1 Answer from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

consult a local lawyer

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Answered on 1/09/12, 1:02 am


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