Probate of will
Monia
(Querist) 07 May 2015
This query is : Resolved
The probate of the will was granted to Mr. A in Jan 2013, Mumbai and simultaneously was submitted to the society for transfer of flat (immovable property) but the society is now of the view that we need to give newspaper notice for 30 days as its the procedure.
Can you please guide is there any such procedure that after receiving probate we need to give any newspaper notice and then only the property can be transferred
Can you please suggest some citations or case laws or sections for the same
Monia
(Querist) 07 May 2015
Hi,
One of the advocate has given advice to the society as referred in Clause 35 of bye laws of housing Cooperative society
Where a member of the society dies without making a nomination, or no nominee comes forward for transfer,the society shall invite within six month from the information of his death, claims or objections to the proposed transfer of Shares and interest of the deceased member, in the capital/property of the
society, by a public notice, in the prescribed form,exhibited on the notice board of the the society. It shall also publish such notice in at least two local news papers, having wide circulation.
Monia
(Querist) 07 May 2015
Hi,
One of the advocate has given advice to the society as referred in Clause 35 of bye laws of housing Cooperative society
Where a member of the society dies without making a nomination, or no nominee comes forward for transfer,the society shall invite within six month from the information of his death, claims or objections to the proposed transfer of Shares and interest of the deceased member, in the capital/property of the
society, by a public notice, in the prescribed form,exhibited on the notice board of the the society. It shall also publish such notice in at least two local news papers, having wide circulation.
Kumar Doab
(Expert) 08 May 2015
1. The nominee is a mere trustee and nomination does not supersede and take away the right of successors.
The nominee is a mere trustee.
2. The WILL shall prevail upon nomination.
The WILL has been probated.
3. The nomination in a society does not and can not create a parallel route of succession. There are enough judgments laying down it.
4. The advertisement in the paper,if any, as per extract posted by you is an Act to be performed by society........
adv. rajeev ( rajoo )
(Expert) 07 May 2015
