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The Doctrine of Audi Alterem Partem

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Experts Exchange

Succession to a property under maharashtra coperative societ

Posted by Vaidyanathan

A member of a co-operative housing society in Mumbai made a will wherein his flat be transferred to 4 named individuals. The administrator (also one of the will holder) applies for probate of will and obtains a letter of administration from high court. The letter administration name the administrator as the legal owner of property. A testament of the will attached to the order mentiones 4 individuals with 25% share each on the flat.
1. I want know whether the society has to transfer the flat and endorse all 4 names of individuals or only the administrator's name to be endorsed on share certificate?
2. After obtaining the letter of administraion one of the will holder dies intestate, and in case the wife of the deceased person claims to transfer the 25% share of the deceased person, (after following procedure as bye law No.35) and makes application to society for admission, whether society to transfer the flat to the spouse of the deceased as nominee or absolute owner of the flat?
We are bit confused and hence this querry. Thanks

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Updated on : 22/07/2018 18:04:08


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