Transfer of flat

Jayesh (Querist) 25 January 2013 This query is : Resolved
Can a Housing Society in Mumbai transfer a flat of a deceased , who has bequeathed the said flat in his Will, the beneficiary is 3rd party and the Will is not probated , The family members of the deceased have already sent notice through their lawyer to the Society for not to transfer the flat as their interest are going to be hurt

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V R SHROFF (Expert) 25 January 2013
Soc will demand Court Order pending trf under this circumstances.

Jayesh (Querist) 25 January 2013
What if there`s no litigation in the court pertaining this flat ?

ajay sethi (Expert) 25 January 2013
once legal notice is sent society will not take any chance . it will ask the parties to obtain a court order . the society has no personal interest in flat transfer . hence it will play safe and await court order

Jayesh (Querist) 27 January 2013
even in the event of that person being a nominee for that said flat?

ajay sethi (Expert) 27 January 2013
the society has been served with legal notice . although society can transfer flat on basis of nomination the society will not take any chance .