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r.sankaranarayanan (Official)     28 February 2019

Transfer of flat in a co-op. hsg. society in mumbai

In my Housing Society in Mumbai, one member had expired and we had transferred the flat to the nominee (Her sister). The deceased person had left a will where she had mentioned that the flat is bequethed to her sister who is also  the nominee. She has not probated the will for the past over 3-4 years. Now she says she had paid the court fee Rs. 75,000/- and the process for probate is on. In the meantime, she has already entered into a sale agreement and registered the sale of the flat. I am told that the sale agreement is Null and Void in the absence of the Probate. The seller's advocate talked to me over phone and said why should the Society bother about the title and the Society will get the transfer papers aftet the prbate is received. I request the learned members to advise me.



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 2 Replies

Kishor Mehta (CEO)     01 March 2019

The Society is legally bound to transfer the Share certificate of the flat to the name of the nominee. The Society has no further business in the matter as far as Probate of the WILL is concerned, however it can demand a copy of the Court order to verify the ownership.
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r.sankaranarayanan (Official)     02 March 2019

I had mentioned that the Society has already transferred the flat to the nominee. Now the nominee wants to sell the flat without probating the will. That is the problem.

 


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