Registration of will and transfer of parents flat to green card holder daughter nominee as mentioned

My friend couple stay at Pune India, with one ownership flat in a joint holding. No society formed as only 6 flats. They have made a will, each making each other nominee and post death of both of them, it will be given to their daughter who is USA green card holder.

Is it necessary and enough to register will, without adding their daughter's name in the flat agreement, to have a safe transition to her in case of both parents death or adding her name to property as a third owner is better?

If her name is added (or not added, but mentioned in the registered wills of both), as an owner to the flat held jointly with parents, post both parents' death, can she sell the flat in india and take out money to USA?

Key Considerations for the Property Transfer To ensure a smooth transition of the property to their daughter, the couple should consider the following: -

*Registered Will*: Having a registered will that clearly states their intentions can help ensure the property is transferred to their daughter according to their wishes. -

*Adding Daughter's Name*: Adding the daughter's name to the property deed as a joint owner can provide clarity and avoid potential disputes.

However, this would require careful consideration of tax implications and potential complications.

Selling the Property and Transferring Funds If the daughter is added as a joint owner or inherits the property through the registered will, she can sell the property in India and transfer the funds to the USA.

However, she would need to comply with Indian laws and regulations, including: -

*Foreign Exchange Management Act (FEMA)*: The daughter would need to comply with FEMA regulations regarding the repatriation of funds from India to the USA. -

*Tax Implications*: The daughter would need to consider tax implications in India and the USA regarding the sale of the property and transfer of funds.

Recommended Course of Action To ensure a smooth transition and minimize potential complications, the couple may consider: -

*Consulting a Lawyer*: Engage a lawyer specializing in property law and international transactions to review their wills and provide guidance on the best course of action. -

*Tax Planning*: Consider tax implications in India and the USA regarding the property transfer and potential sale. -

*Clear Documentation*: Ensure that all documents, including the wills and property deeds, are clear, concise, and accurately reflect their intentions.

By taking these steps, the couple can help ensure that their property is transferred to their daughter according to their wishes, and she can manage the property and funds accordingly.