Transfer of flat thro" regd. will
Paul
(Querist) 20 November 2011
This query is : Resolved
My dad bought a flat in my Moms name in 1972. We are still residing there. My Mom passed away in 2001 leaving behind my Dad as nominee. We 3 children gave NOC to CHS to transfer the flat in Dads name (through Transmission). My elder brother left us some 20 years ago and stays separately. My Dad passed away this year i.e July 2011 leaving behind my sister & myself as nominees as well as making us his legal heirs for the flat & garage by a registered Will. The Chairman & my Bro. are contesting that the flat was not owned by my Dad but by my Mom and hence he will divide it into 4 portions no matter from which court I get the probhate. Kindly advise Please
ajay sethi
(Expert) 20 November 2011
your elder brother had in 2001 given NOC to trnasfer flat in your father name to the society .
if your father had merely left a nomination your elder brother would have had a case since nominee is only a trustee for legal heirs . but isnce your father has left a regsitered will bequeathing his property to you and your sister the only option left for your brother is to contest the genuine ness of will
a probate is judicial proof of will . make an application for probate . in case your elder brother contests the will court will consider his objections and after considering all evidence pass rhe final judgement .
chairman is bound by orders of the court and he cannot refuse to implement the orders passed by court .
Paul
(Querist) 20 November 2011
Thanks a lot. If you could clear just this one thing that can a flat transferred through transmission be Willed
M/s. Y-not legal services
(Expert) 20 November 2011
As per your statement you brother also given no objection to transfer the property with your father's name. So right now your father is the owner of the property. Earlierly your father was just nominee. If you proved the N.O.C which is given by your elder brother mean, he can't claim share. But if he challenged the n.o.c mean court and evidences will decide your case. Because n.o.c in the year 2001. But your statement is past 20 years your brother not with you.
Arun Kumar Bhagat
(Expert) 20 November 2011
If you could clear just this one thing that can a flat transferred through transmission be Willed ?
Ans: Yes.
prabhakar singh
(Expert) 21 November 2011
yes, i do agree experts query reply
Paul
(Querist) 22 November 2011
Thanks a million everyone. This has definately removed all the tensions from us siblings head.
God Bless you all. Keep up the good work
Paul
(Querist) 24 November 2011
the said property is going for re-development and the probate is still not issued. How do we proceed. As the chairman is acting like a Hitler !!
