Bharati (aaaa) 18 May 2014

Co-operative society flat transfer after death of a member

My father expired in Jan 2014. He had nominated my daughter for the flat in the co-operative society which he had purchased from his own earnings. He had not made any WILL. Is the nomination sufficient for the transfer of the flat on her name? I am the only daughter. Myself and my mother have no objection for this transfer. Society is asking for the probate. Is it really necessary?

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3 Replies

Kumar Doab (FIN) 18 May 2014

You have posted that your Father has not left any WILL, hence there can be any probate.

The society can transfer the shares to Nominee.......................If you mother writes NOC then it should satisfy the society.

You may however download the society rules and and examine them.

If your mother has NO Objection to your ownership of the Flat she can relinquish by registered relinquishment deed in your favor.

Dr J C Vashista (Advocate) 19 May 2014

The society has misconceived the law on the issue and must have transferred share of deceased memeber in the name of nominee. Society has no concern/business/authority to seek any probate of unwritten/unexecuted will. There is no basis for asking probate.

Laxmi Kant Joshi (Advocate ) 19 May 2014

Agree with the above respected experts , society must have transfered the title of the deceased person in the name of the nominee , you and your mother can give noc in her favour , no need to go for the probate of the will .