Society and municipality not transfer ownership of property

This query is : Resolved 

30 November 2019

Respected Sir,

I am from Ahmedabad Gujarat. My grandmother has 4 son and 1 girl. She made a will of her house property in Dec 2013 (latest) at ahmedabad with witness of two in from of sub registrar office. In that will she remove all son and girl due to 2 (3rd and 4th)son cheated her , they transfer their part in property where they leaving, when my grandmother is present without inform her (2007) and one (1st) son not taking her responsibility. She leave with her 4th son till death 4th Oct 2018. girl she is died in 2009. My grandmother died on 4th Oct 2018(age 87). after that her will presented, In that will she clear that she remove all son and girl also she clear that if anything writing before this will is not valid. She mention her grandson ( me ) to received all in her will. after 3 month of her death I applied to Municipal corporation to change name but they refuse and say we need society share certificate and letter in your name then I applied to society chairman , he not give any answer from 4 months now he said he need to talk to my grandmother son but he never informed anyone except one. He is delaying this . My grandmother also informed to society Charmin in writing she has remove her sons and daughter from their portion in property. .
Please help me what should to do to clear this?

sankar narayanan (Expert)
01 December 2019

As simple as you better to meet a local expert lawyer and seeking advise .. act accordingly

Dr J C Vashista (Expert)
02 December 2019

Vague information can not lead to form an opinion and oblige.
Seek advise/ guidance of a local prudent lawyer with relevant case file for better appreciation of facts.

P. Venu (Expert)
02 December 2019

Facts, as posted, lacks clarity. Please post simple facts avoiding personal and subjective opinions,

Niraj Mistry (Querist)
02 December 2019

Ok I explain you in simply...
My grandmother owner of house property since 1996 in Ahmedabad.her name in society and municipal corporation. She also have share certificate and letter from society mention that she is owner. She made a her last will in December 2013 in front of sub registrar with two witness.. in that will she remove all her son and daughter rights of that property. She die in oct 2018... We open will and she stated my name in will to have all righs of that property. I applied to corporation they told me first transfer your name in society share certificate and get letter. I applied to society in May 2019. But still not received any response. Chairman told me he has to ask my grandmother's son about this then they decided.... We produce all documents along with will in both application... Please give me guidelines...what to do ?

02 December 2019

Dear Sir,
You may approach either Higher Authority or approach High Court for a necessary direction to the concerned municipality.

P. Venu (Expert)
02 December 2019

"thy told"! Have you applied in writing and have the authorities rejected your application in writing? In my understanding, the municipal/revenue authorities can carry out the mutation based on the WILL without waiting for the concurrence from the society management.

Niraj Mistry (Querist)
02 December 2019

I applied to municipal in their application form along with all paid tax, grandmother will, society share certificate and letter named my grandmother..etc, they except it but in query they told me they need share certificate and letter should have on my name. Then I applied to society in may 2019 with all document as above but society chairman and management not give any answer till date.

Raj Kumar Makkad (Expert)
16 December 2019

Mr. Neeraj! You are required to get the will probated from the civil court and once it is done and will stands in your favour then you don't need mercy of any person or authority and the change of name in the record of the society and the municipality is imminent.

Niraj Mistry (Querist)
17 December 2019

Thank You Sir,
My question is " Is their probate of will necessary in Gujarat?" Will is registered with two witness in from of sub registrar office. How much time to get probate of will and is this process is expensive?....

Sb Karma (Expert)
18 December 2019

Probate is final stage of division...so it sometime necessary,
and yes maximum 24 month has been allotted to complete probate process..
and don't worry its not too much expensive...consult local lawyer he will assist you best

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