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Me vs society

Querist : Anonymous (Querist) 19 April 2018 This query is : Resolved 
Hi experts,

I have a MAHADA house which was owned by my grandfather.
In order to transfer it to my name society is asking for letter of administration, when I have a will drawn on blank paper.
There is no legal heir apart from me .
I understand that I am providing indemnity bond, affidavits and legal documents to effect this transfer.

I want to know if the society still refuses to transfer the house in my name then can i get directions from the registrar of co-operative society to 1]direct the society in question to effect transfer?
2]then what is the procedure?
3]is the society right in asking letter of administration considering they know iam the only heir and i have a will which is not probated and i don't wish to probate to avoid stamp duty.

Please reply
Kishor Mehta (Expert) 19 April 2018
You have to obtain a Letter of Administration or Probate on the Will from the Hon. Bombay High Court.
Ms.Usha Kapoor (Expert) 20 April 2018
How to apply for Letter of Administration

1-Application

a- Form for the grant of Letters of Administration is in Schedule VII of Indian Succession Act, 1925, contains the form for grant of Letters of Administration. This application can be made 14 days after the death. The court grants the letter to beneficiary on being satisfied and if no one applies it may be granted to the creditor of the deceased.

b- Will has to be duly executed and petitioner’s name must be there. Details like time of death, amounts of assets have to be mentioned.
After Letters of administration as above get your will probated in Bombay Highcourt.Unless you do either of the above two things the society doesn't transfer your share certificate in your grand father's Mahada's property/House to you.
Querist : Anonymous (Querist) 20 April 2018
I need to know does the society have a right to ask for probate when I have a will and there are no other heirs except me. To my understanding the society should accept the will and not ask for probate.
Querist : Anonymous (Querist) 20 April 2018
I need to know does the society have a right to ask for probate when I have a will and there are no other heirs except me. To my understanding the society should accept the will and not ask for probate.
Querist : Anonymous (Querist) 20 April 2018
I need to know does the society have a right to ask for probate when I have a will and there are no other heirs except me. To my understanding the society should accept the will and not ask for probate.
Querist : Anonymous (Querist) 20 April 2018
I need to know does the society have a right to ask for probate when I have a will and there are no other heirs except me. To my understanding the society should accept the will and not ask for probate.
Querist : Anonymous (Querist) 20 April 2018
I need to know does the society have a right to ask for probate when I have a will and there are no other heirs except me. To my understanding the society should accept the will and not ask for probate.
Kumar Doab (Expert) 20 April 2018
IT is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras.....
Kishor Mehta (Expert) 21 April 2018
The Society does not have authority to validate or accept a Will, the absolute authority to probate the Will rests with the Hon. Bombay High Court.
Ms.Usha Kapoor (Expert) 21 April 2018
Yes, the authority to probate the WILL rests with Bombay Highcourt.


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