Transfer of residential property(in mumbai) as per nomination.
Jayasheela
(Querist) 27 May 2013
This query is : Resolved
1.Nomination made in respect of Residential Property(in Mumbai) with 50% each share to Daughter and Son. and the same is Registered with the Society.
2.Subsequently, a Will is made on the same Property with 50% share each to Daughter and Son.
3.After death of Father,Son(who is staying in the Disputed Property) with bad motive intentionally objects with the Society for Transfer of Property/Share.The Society refuses to accept Transfer Forms.
4.Kindly suggest what best course of action can be taken for early Transfer ?.
ajay sethi
(Expert) 27 May 2013
obtain probate of will . society wont transfer in case of dispute among family members . advisable to obtain probate of will
Jayasheela
(Querist) 27 May 2013
1.Son is intentionally disputing the Original Genuine Will as Bogus one and not cooperating to get Probate because he is giving Tuition in the Disputed Flat.The Executor named in the Will was backed out and refused to act at the behest of son.
2.Whether the Daughter being the 1st Beneficiary can apply for Probate/Letter of Administration ?.
ajay sethi
(Expert) 28 May 2013
yes she can apply if executor is refusing to act . you will have to apply in bombay high court .
Raj Kumar Makkad
(Expert) 28 May 2013
The son otherwise is also co-sharer of 1/2 share even if the will is set aside, however, it is necessary to get probated the will and then file the suit for partition and possession.
