Succession to a property under maharashtra coperative societ
Vaidyanathan
(Querist) 22 July 2018
This query is : Resolved
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
Kishor Mehta
(Expert) 22 July 2018
1) The share certificate should be endorsed in the names of all the parties named in the probate order. 2) In absence of a nomination paper, wife of the deceased husband has to observe the prescribed legal procedure before her name can be included in the share certificate.
Vaidyanathan
(Querist) 23 July 2018
In point no 2 you have the wife has follow legal procedure. Is it enough she follows procedure as per bye law no. 35 or any other legal procedure. Pl clarify.
Vaidyanathan
(Querist) 23 July 2018
In point no 2 you have the wife has follow legal procedure. Is it enough she follows procedure as per bye law no. 35 or any other legal procedure. Pl clarify.
Vaidyanathan
(Querist) 23 July 2018
In point no 2 you have the wife has follow legal procedure. Is it enough she follows procedure as per bye law no. 35 or any other legal procedure. Pl clarify.
Vaidyanathan
(Querist) 23 July 2018
In point no 2 you have the wife has follow legal procedure. Is it enough she follows procedure as per bye law no. 35 or any other legal procedure. Pl clarify.
Vaidyanathan
(Querist) 23 July 2018
In point no 2 you have said that the wife has follow legal procedure. Is it enough she follows procedure as per bye law no. 35 or any other legal procedure. Pl clarify.
Kumar Doab
(Expert) 14 August 2018
Same Query;
http://www.lawyersclubindia.com/experts/Succession-to-proprty-689066.asp
Hemant Agarwal
(Expert) 20 August 2018
1. FIRSTLY, IF a WILL document exists, THEN only "PROBATE" proceedings are done and Probate Decree is given by the Court.
2. SECONDLY, IF a WILL document exists, THEN "Letter of Administration" is NEVER given by the Court.
3. THIRDLY, "Letter of Administration" is given ONLY WHEN THERE IS NO WILL.
4. Hence the above query is legally faulty and no legal solution is possible on the same.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Kumar Doab
(Expert) 21 August 2018
Subsequent to the correct respsonses you have recived in all threads; you should be able to resolve the matter properly.
If you are unable to handle on your own seek counsel of a very able LOCAL senior counsel of unshakable repute and integrity specializing in Testamentary/succession/civil matters and well versed with LOCAL applicable rules/laws e.g; Co- op society in your state …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.
LCI Experts Mr. Kishore Mehta, Mr. Hemant Agarwal may be near to you.
You can benefit from their counsel.
