Manoj (Proprietor) 16 June 2014

Succession certificate of will to be probated

Dear members,

I require your guidance on the following:-

Flat is In the name of Husband & Wife

The flat was purchased by Husband & Wife

The Housing society was registered in 2005.

Husband died on 2002.

The said Husband was erroneously named as promoter member as on the date of registration i.e. 2005 he was not alive & was not entitled to become a member of the society,

Husband had executed a will on 1998, in the will the above flat is not mentioned in the will he has mentioned " I hereby bequeath all the properties (movable & immovable) which is currently in my name or acquired subsequently to this Will to my son "

In such a case should we (society) ask for a probated will or succession certificate ?

Thanking you in advance

Regards

Bharat

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1 Replies

Sandeep Naik (Advocate) 16 October 2014

It is not the duty of the society to verify who should be the legal heir of the the property if there is the will is there. In one of the judgment of Bombay High court (Chita Haldipur V/s Shahid Bhagat Singh Society) , the Hon'ble court has clearly mentioned about the same. The person claiming the flat should submit the Indemnity Bond and let him take the responsibility. The management committee should not go into detail as if it is their personal property as it is only custodian of the said flat till the same is transferred on the concerned person's name. At the most the society can give paper notice and ask for the objection before transferring on the name of the said person.

Regards .

Sandeep Naik ( Mob 99670 56980 )

Adv. High Court Mumbai