Sale of flat by a nominee member

Sunita (Querist) 23 November 2011 This query is : Resolved
I am a nominee of my mother and she has also made a will in my favour for transferring a flat which was duly registered. On my application, society transmitted the shares in my name in 2005.

I have also taken a NOC to mortgage the said flat from the society.

Now, I wish to sell the flat but society is not giving me NOC to sale saying that a nominee member is only trustee and doesnot have selling rights. The society wants me to obtain probate of the will or NOC from all other legal heirs (i.e. my brothers and sisters)
What is the way out for me to obtain NOC from society

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Devajyoti Barman (Expert) 23 November 2011
If taking of Probate is compulsory in your State then you have no option but to take probate of the Will.

It is right that nominee is only a trustee and not necessarily an owner and ownership in this case can only be established by taking Probate of Will.