Housing society - flat transfer
Sholy
(Querist) 17 September 2014
This query is : Resolved
Sir/ Madam
One of the Member and his Wife Expired leaving 1 son and 1 daughter. Flat presently standing in the name of deceased Father and there is NO Nomination in the Society in favour of Daughter. Nomination is in favour of wife.
Now daughter submitted one Notarized will saying she is 100% beneficiary, without Notarial Regn. Number but it is probated in court.Is that 'will' deny the rights of her brother ? or brother can challenge the same?. Can the Society transfer this Flat in favour of her with strength of this probated will? Pls. reply on technojohnson@gmail.com
Devajyoti Barman
(Expert) 17 September 2014
If the Will is Probated then it is safe to reply upon.
Kishor Mehta
(Expert) 17 September 2014
Sir,
A Will has to be probated by an Hon. Court, only then it is valid. The brother has a right to challenge the validity of the Will. Society should not transfer till there is a definite order from the Hon. Court setting out the beneficiary of the flat.
Good Luck,
Kishor Mehta
Raj Kumar Makkad
(Expert) 18 September 2014
Probate is the decree of the court and the society cannot deny its execution, however, if brother was not a party to the petition, he can definitely challenge it before competent court of law.
