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Sujit Padhye (proprieter)     13 August 2015

Transfer of apartment ownership in favour of son

I live in a registered Apartment Condominium, in Pune area.

As a secretary I reveived a request for change of one of the Apartment Ownership in the favour of 'Son X'. Below are the important point noticed

1. Father died in Aug 2002 and his said will was registered in 2003 by his wife after about 8months of death. The will was prepared by father just 2 days before death and does not have medical certificate attached.

2. It is mentioned in the will that flat should  transferred in favour for Son X. and other assets have been distributed among other brothers (total 4) and his wife

3. As a secretary I shared this with few lawyers in our area. They have a given various opinions on this such as 

1. Getting affidavit and indemnity from other members of the family, then transferring the flat in his name

2. Getting leagal heirship certificate as his 'Will"  can not be considered legally valid.

3. Being an apartment they need not request for change in ownership and they can do it on their ot government office.

 

May I know the correct way of solving this ?

 

Regards

 



 2 Replies

saravanan s (legal advisor)     13 August 2015

the will though made by the father just two days before his death and lack of medical certificate wont render the will invalid if all other conditions for a valid will are satisfied.if there is no witness signatures in the will then it is invalid.

if any of the legal heirs doubt the genuiness of the will then they can apply for probate of will

Sujit Padhye (proprieter)     13 August 2015

Thank you for your reply 

In this situation what procedure shall be followed to change the name in son's favour?

Regards

 

 


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