Transfer of property (flat) in a chs in mumbai as per will


I am the Hon. Secretary in a Co-op. Hsg. Soc. in Mumbai. One member had expired 6-7 years back. Her sister has produced a will by the deceased flat owner that the flat should go to her sister. Is it necessary for the will to be probated?  The Society has already transferred the flat in her name as per the nomination (Nominee is also the same sister). Can the sister sell the flat to anybody on the strength of the will, which is not probated. I seek guidance from the learned friends. Thanks  and regards.

Shankar

 
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Dear querist,

Probate is necessary as that will only clear doubts about authenticity of WILL.

Transfer of flat on basis of nomination can be reversed in case WILL is proved to be fake.

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 
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Thank you Sir for your immediate reply. The will is not fake and it is signed by the flat owner only. But, there are chances that the flat owner could have donated the flat to any charitable trust. Even after probating, the charitable trust to whom the flat owner had donated can claim the flat. How to rule out this problem?

 
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CEO

In Mumbai the WILL has to be probated for confirming the ownership of the flat. Nominee is only a trustee and holds the property in trust for the legal heirs of the owner, nomination does not give absolute ownership of the flat.
 
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CEO

The flat cannot be sold either on the strength of unprobated Will or by the nominee.
 
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Thank you for your reply. 

Regards

 

Shankar

 
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I saw some report that Supreme Court has said that the Probate has to be applied within 3 years of the death of the testator. Please let me know what if it is not done within three years.

Shankar

 
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