ubfreak123 (Software) 05 September 2021

Information needed on property transfer

Hello,

I have a query related to a property owned by my late father, its a apartment in registered Co-operative housing society located in Kolkata. My father has passed away last year and in his will he has left everything in my mothers name. The issue is the will was prepared in Himachal Pradesh and the will does not have any statement about nominee.

Can you esteemed people enlighten me about the solutions to get it on my mothers name. It was suggested that the General Secretary of the housing complex will have to provide a letter on this matter but no proper paper work had ever been maintained in the society and General Secretary is not willing to take the load.

Thanks for your help

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4 Replies

Pradipta Nath (Advocate) 05 September 2021

Need to go through the testamentary document for forming opinion, Please.

Shubham Bhardwaj (Advocate) 05 September 2021

Dear Sir, What I could understand from your query is that your father has left a 'Will' in which an apartment has been bequeathed to her. You are ok with it and want the apartment to be transferred in her name. If the the Will is registered, you simply need to Apply for mutation of apartment from your father's name to your mother's name in the local estate office or patwari office. Also take along 'Death Certificate' issued by the local administration to the Estate office. There will be no problem in mutation un-till the Will is not challenged in the meantime by any interested party such as other legal heirs (if any). Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

Kishor Mehta (CEO) 06 September 2021

As the property is situated in Kolkata a probate of the Will is essential. The High Court at Kolkata or the High Court of the state of your residence has to be approached for probate of the Will.

M V Gupta (Advocate) 06 September 2021

If your father had nominated your mother and the same is recorded in the Society, she has to simply apply for transfer of the share certificate into her name. As per the Supreme Court judgement, there is no need for you to file any testamentary document before the Society. The court declared that under the West Bengal Coop Societies Act nominee becomes the owner of the flat and the Society is bound to transfer the flat in the name of the nominee. No need to approach the patwari etc.