Probate for nominee

Querist : Anonymous (Querist) 11 July 2010 This query is : Resolved
Dear Sir,

My wife is a nominee to her father's immovable property. She has a brother and sister.

Suddenly her father expired , and no will of property was executed. in this case how to get the probate done through the court of law?

My wife intends to divide the property in three parts each one for herself, her brother and a sister. How this can be done?

The property is in a co-opertaive housing society.

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Chanchal Nag Chowdhury (Expert) 11 July 2010
Probate is granted on a Will. In this case, the question of Probate does not arise.

Firstly, it depends on the rules of the co-operative housing society.
If it is a residential flat, it may be purchased by one upon payment to the others or it may be sold to an outsider & shared equally- All this subject to the co-operative housing society rules & the co-operative society Act in your State.

Devajyoti Barman (Expert) 11 July 2010
Though the transfer of that particular flat is in deed will be in accordance with the concerned cooperative societies rules and the acts but there is no restraint in going for mutual partition.
All the co sharers of that flat and other properties , if any,can enter into a partition deed and get it registered. The cooperative society can always give its approval for such partition.

Daksh (Expert) 12 July 2010
Dear Anonymous,
Under the facts and circumstances the best way forward is to procure the succession certificate from the concerned court.

Best Regards

Daksh

Uma parameswaran (Expert) 13 July 2010
If there is no WILL then there is no question of probate is arising.You can file a partition suit in the Court.

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