Sir,
My father(Hindu) brought a flat in mumbai and expired without any will and nominated my mother as the nominee with a registered co-op housing society.My mother nominated me(daughter) as first nominee alongwith my brothers and she expired a year back.I applied for the membership of the society with relevant documents and the society confirmed my membership being first nominee and transferred shares in my name after getting a written noc from my brothers on a plain paper and passing a resolution at the AGM.The society subsequently asked my brothers to submit in requisite format on stamp paper as per bylaws when my brothers refused stating that certain issues needs to be resolved before we give our consent.The share certificate is with the society and they are not handing over to me stating that I need to get NOC from my brothers however the maintenance bills are in my name.My brothers are staying in the flat .My mother made a will(not registered) wherein she has made cleared that the flat needs to be sold off within 6 months after her death and proceeds to be divided equally between heirs.
My brothers are neither honoring her will nor they are ready to sale the flat stating that the my mother was just custodian and not entitled to give direction on the said flat and I would not get share..
Is the society right in with holding the share certificate?Who would be responsible for getting the NOC from my brothers?What remedy is available to me to vacate the flat and honor my mothers will?..
Please advice.. Thx. shveta
