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jayashree joshi   09 December 2023

Transfer of property in housing society

childless widow has acquired the property of flat in housing society after the death of husband on the nomination basis. Widow had nominated the son of brother -in -law. Now after the death of the childless widow ,the society has made nominee as provisional member as per MCS act 2019 amendment till he bring the NOC  from legal heirs (which are the parents ,sisters and brothers of the husband who was absolute owner as per Hindu succession law.).Meanwhile the sister of childless widow has sent the unregistered will without enclosing the medical cert of the widow to the society and instructed not to allow nominee to do any finantial transation. Should chs inform the sister who is not legal heir or nominee to get the will probated. Pl guide. Thanks.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     10 December 2023

The society can take a decision to instruct the sister of the deceased widow to get the Will probated, get the property mutated to her name on the basis of the Will or probate of Will and then apply for membership or for share certificate with the soceity towards this flat left behind by her deceased sister. 

Dr. J C Vashista (Advocate and Legal Consultant)     10 December 2023

Probation of will shall clear the clouds qua succession of childless widow.

However, nomination of a CHS member cannot decide qua transfer of title of the property since it is restricted to share in CHS.

It would be appropriate to consult and engage a local prudent lawyer for appreciation of facts and professional advise.


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