Co-operative society flats

Dr. MPS RAMANI Ph.D.[Tech.] (Querist) 15 October 2022 This query is : Resolved
In our co-operative housing society in Mumbai one flat owner was residing in Coimbatore, Tamilnadu. He died in Coimbatore a few months back. His 5 daughters, one son and widow are alive. He had made a will in favor of his son and registered it in Mumbai. His son was admitted as a Provisional member and asked to obtain a probate on the will. He now informs the society that he has applied for probate of the will in Coimbatore and will produce it in due course. Under the law probate is required only for a property situated in Mumbai and some other metropolitan cities and there is stamp duty in Mumbai to obtain a probate. Can the Society accept a probate obtained in Coimbatore for a property in Mumbai?

Follow Query

Report Abuse

Quick Summary

A flat owner in a Mumbai co-operative society passed away in Coimbatore, leaving a registered will in favour of his son. The son, who applied for probate in Coimbatore, has been provisionally admitted as a member by the society. The discussion questions whether a probate obtained in Coimbatore is valid for a Mumbai property, especially since the will was made and registered in Mumbai. While some opinions suggest Coimbatore probate might be acceptable, others strongly argue that only the Bombay High Court has jurisdiction for a Mumbai property and a will registered there.

kavksatyanarayana (Expert) 15 October 2022
Within the local limits of the ordinary original civil jurisdiction of the High Courts of Madras and Bombay are needed to be probated. And Wills that are made outside these territories for the properties situated in these territories are also required to be probated.

Dr J C Vashista (Expert) 16 October 2022
The will probated by Coimbatore Court is valid / acceptable in Mumbai.
Why probate case is filed/admitted in Coimbatore when the property bequeathed is located in Mumbai ?

Dr. MPS RAMANI Ph.D.[Tech.] (Querist) 16 October 2022
"Why probate case is filed/admitted in Coimbatore when the property bequeathed is located in Mumbai ?"
It may be because the death occurred in Coimbatore. The son lives in London. Also it may be because that there is heavy stamp duty in Mumbai. In Coimbatore it may be less or nominal. Only the person who filed for probate knows the real reason. The Society is not concerned with it.

Dr. MPS RAMANI Ph.D.[Tech.] (Querist) 16 October 2022
Await more opinions.

kavksatyanarayana (Expert) 16 October 2022
Society is not concerned with the probate of the will. But when there is a dispute between the heirs it must be probated. Though there is a difference in stamp duty between Coimbatore and Mumbai, as narrated above probate case may be filed in Coimbatore also.

T. Kalaiselvan, Advocate (Expert) 20 October 2022
It is mandatory for the Will to be probated in three presidential towns namely Bombay, Calcutta and Madras.
however the society cannot refuse to accept the probate granted by a court in Coimbatore if one of the properties is located in the jurisdiction of that court, if not the Coimbatore court may not entertain the probate petition itself.
For further clarifications on this the querist has to shed more light to his query

M V Gupta (Expert) 21 October 2022
It is stated that the deceased made the will and registered it in Mumbai. Any will made in Mumbai has to be necessarily probated and only the High Court of Bombay is the court of competent jurisdiction to grant probate. The court at Coimbatore or the Madras High court does not have jurisdiction to grant the probate.

Dr. MPS RAMANI Ph.D.[Tech.] (Querist) 25 October 2022
The opinion of Mr. M. V. Gupta is at variance with that of others. The property under reference is in Mumbai and the will was not only made in Mumbai but also was registered in Mumbai. The death occurred in Coimbatore. There may or may not be properties in Coimbatore or elsewhere. As the laws have recently been changed in Maharashtra, Societies are extremely careful.

kavksatyanarayana (Expert) 26 December 2023
If the properties are not in Coimbatore it shall be probated in Mumbai.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries