Legal Question in Wills and Trusts in India
Dear Sir,
1. I have a WILL of my Father for his SELF EARNED PROPERTY in Mumbai, Maharashtra. He died on 17th APRIL'2016.
2. The Housing Society (Mumbai house) wants a PROBATE from me to transfer shares in my name as mentioned in his WILL.
3. The WILL was signed in presence of WITNESSES (signed on the WILL).
4. The PROBATE process is very expensive for me.
5. Can the Housing Society transfer shares without the PROBATE?
6. In the present Share certificate- My father did not appoint any NOMINEE in this Housing Society.
7. Can the Housing Society transfer the shares to me if I give them an Indemnity Bond from myside indemnifying the society from any future claims?
Please advice on the same as the whole process of probate will be very expensive for me.
Vikram Godbole.
1 Answer from Attorneys
dear Vikram
in your case probate is essential .........
without probating WILL you can not be the legal owner of the said property
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