Succession certificate
shailendra dixit
(Querist) 24 September 2011
This query is : Resolved
Sir
My father in Law was died 4 Yrs back, the flat in which he was residing was of his father, who nominated my father in law and his 2nd daughter in law(widow of his younger Son)50-50%
In the share certificate name of daughter in law of his 2nd son appeared first and my father in law's on 2nd place.
after death of my father in law my mother in law tried to put her name in the flat's share certificate as per my father in law's will, but society is not allowing the same neither the first holder is ready to give her noc for the same, now what is the option of getting the name on share certificate of my mother in law in place of my late father in law.
also provide the procedure and the cost and duration for the same we are in mumbai area
prabhakar singh
(Expert) 24 September 2011
""as per my father in law's will""???
has your father in law TESTATED any WILL,REGISTERED OR UNREGISTERED????
IF SO ,A PROBATE OR LETTER OF ADMINISTRATION WOULD BE FIRST REQUIREMENT.
IF BY will YOU mean nomination only or his simple wish a succession certificate is required.
Doing all this requires professional skills
hence get in touch of a lawyer,consult and do the needful.
Devajyoti Barman
(Expert) 24 September 2011
You can register a complaint in the office of the Registrar of the Societies.
If it does not yield any result then file Writ in the high court.
ajay sethi
(Expert) 24 September 2011
probate of will is a must in the case . since your father in law left a will in respect of his 50% share your mother in law needs probate from bombay high court .
if probate is not obtained society wont transfer flat in your mother in law name .
if will is not contested you can get probate within 1 year . costs depend upon the lawyer you engage for the case
please note tthat no writ is maintanable
Raj Kumar Makkad
(Expert) 24 September 2011
As you fatther in law left a will in favour of your mother in law so she is legally entitled to inherit the share left by you father in law so it is advised to get the will probated and society shall have to follow it.
