Transfer of flat in a registered co op society
venkat
(Querist) 19 May 2015
This query is : Resolved
My father now deceased,was owner of a flat in a regd. Co.Op Soc. In his will he had willed his property to two (out of five) of his children and a grandson and has not given any share to two of his children. The executor of the will is also one of the children who has been willed a share of the property. The executor has approached the society for transfer of the flat to his name. The society's lawyer has asked the transferee to provide the approval/NOC of the legal heirs who have been willed/not willed any share in the will for effecting the transfer.Please clarify whether the society lawyer's demand is correct and is the NOC mandatory for effecting the transfer. Thanks
venkat
Hemant Agarwal
(Expert) 19 May 2015
1. IF the immovable property (Flat) is in Mumbai, THEN the will of the deceased is mandatorily required to be probated, thru the Mumbai High Court to execute the Will.
2. In the probate procedure all the legal heirs & beneficiaries will have to file their consent, consequent to which the Society will be bound to transfer the membership as per the probate order.
Keep Smiling .... Hemant Agarwal
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malipeddi jaggarao
(Expert) 20 May 2015
Probate is compulsory in Mumbai.
Then only the legatee will get the title to the property.
Once the probate is obtained, on this basis the legatees can ask the society to transfer the property. At that stage if somebody wishes to drop out, they can give NOC/relinquishment quoting the Will and the Probate.
Rajendra K Goyal
(Expert) 20 May 2015
The author has not clarified where the property is situated.
Kumar Doab
(Expert) 20 May 2015
Either NOC or probate of the WILL seems to be the solution
venkat
(Querist) 21 May 2015
Dear Mr Hemant Agarwal,
Thanks for your valuable reply.
The matter of consent of the
legal heirs/beneficiaries is not clear to me.If any of the legal heirs or beneficiary who may be an aggrieved party does not give consent/NOC does the probate of the will not happen. Then what is the use of the will specifying the beneficiaries.Please also clarify what is the purpose of the consent?. Thanks in anticipation.
Venkat
venkat
(Querist) 21 May 2015
Mr Rajendra Goel,
The property is located in Mumbai.
Await your early reply.
Thanks
Kumar Doab
(Expert) 21 May 2015
If the WILL is registered it shall fetch more reliance. However even a registered WILL can also be contested.
If the WILL is genuine then court may grant probate even if someone opposes it.
You may seek counsel of a senior lawyer lawyer in person.
T. Kalaiselvan, Advocate
(Expert) 24 May 2015
The matter of consent of the
legal heirs/beneficiaries is not clear to me.If any of the legal heirs or beneficiary who may be an aggrieved party does not give consent/NOC does the probate of the will not happen. Then what is the use of the will specifying the beneficiaries.Please also clarify what is the purpose of the consent?.
The genuineness of Will cannot be accepted on its face value. The competent court before whom the petition for grant of Probate is filed, will go through the entire proceedings by hearing both the sides, i.e. the petitioners (beneficiaries on one side)and the respondents (the aggrieved parties) and shall pass orders granting probate to Will if found to be genuine, the Society demanding NOC from other legal heirs will be obliged to obey such order from court.
Hope now you understood the necessity of executing a Will ?
