Q: My parents own a co-operative society flat. I am their only son and the registered nominee. My father expired recently. After my mother’s demise, can the flat be transferred to my name without a probate? Do I have to pay any charges? If she gifts it to me now, do I have to pay mutation charges to get the flat registered in my name?
P. Jha, Calcutta

A: The question of a probate or letters of administration, etc. arises only if there is no nominee. The flat will automatically get transferred in your favour, subject to the provisions of Sections 58 and 72 of The West Bengal Co-operative Societies Act, 2006, which also deals with charges. If your mother gifts you the flat, you will have to pay mutation charges after the transfer and also charges required for the registration of the flat in your name.

Q:I am 72 years old. Our only daughter is married and childless. I have a house and other movable assets in my name. Can I make a will such that the house will be transferred to her after my death and then to someone of my choice after her demise? My wife will be entitled to enjoy the house with all perquisites till she is alive. Would the will have to be registered?
Name withheld

A: A will is a legal document through which the testator expresses his intention regarding the disposal of his property. You may bequeath life interest to your wife and absolute interest to your daughter after your wife’s demise. But once she becomes the absolute owner, only she will be legally entitled to dispose it off and in the manner she likes. If you want the house to pass on to a particular person, you can specify that your wife and daughter will have the right to enjoy it during their lifetime, after which the house will pass on to the beneficiary mentioned in the will. Registration is not mandatory but desirable. 

Q:I have entered into an agreement with a developer to build a multi-storey apartment block on my land. What steps should I take to authorise my heir in advance in case of my death during the construction?
Tapan Kumar Dasgupta, via email

A: Such agreements usually have clauses that bind the legal heirs too in case of the demise of any party. So, your right, title and interest as also the liabilities will devolve on your heirs. But if you want to bequeath it to a particular heir, make a will.

Please send your legal queries with your name and address to Legal FAQs, The Telegraph (Features), 
6 Prafulla Sarkar Street, Calcutta 700001. Or email us at legalfaqs@abp.in