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.
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?
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.