Legal Question in Real Estate Law in
My father passed away leaving a will which was forworded to the Co-Operative society for transfer his flat to his legal heirs. No action was taken by the Society. Subsequently one of the heirs, my mother also passed leaving her share of the flat to her heirs. The Society then informed me to get a probate or succession certificate before they will tranfer.
I had informed them with regard to my father's main house property the Govt. Of India had tranferred the freehold rights to his heirs based upon his will, affadvit & Indemnity Bond from all the heirs.
All the heirs are willing to sign an affidavit and indemnity bond before a magistrate/ JT. registrar
but there has been no reply from the Society.
Please inform me my legal options for making the Society transfer the flat to the heirs of my father and mother.
1 Answer from Attorneys
Since you are natural legal heirs, even WILL may not be necessary. However, you may obtain a Succession Certificate as required by the society for transfer of title.
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