Legal Question in Wills and Trusts in India
Tranfer of interest in a Cooperative Housig Society
The Society in question is 45 years old. My Mother who was the occupant died leaving me as the sole nominee for the transfer of interest and shares of the Society. And accordingly, I have submitted my papers. In the meanwhile, a lawyer letter has also been received by the Society on behalf of my sister in law claiming for 1/7 portion of the share of my Mother's property. And the Society has asked me to produce the pobated will of my mother. I would like to know the following:
1. Whether the Society is right in asking me to probate a Will
2. As a nominee am I not eligible for the interest and share held by my Mother.
3. Whether a lawyer letter should be recognized by the Society especially when the subject is not within the powers of the Society.
4. What is the Society's position in a situation such as this.
3 Answers from Attorneys
Re: Tranfer of interest in a Cooperative Housig Society
The commitee of the co-op society is liable for proper management of affairs of the society so it has to satisfy itself before transfering interest/ownership of the said flat. As your property is situated in mumbai the will has to be probated as the property is immovable property in mumbai.The nominee is only a caretaker so as far as your nomination is concerned it is of not much value.The probated will of your mother is important and if you produce the same the lawyers letter remains of no value unless your sister in law produces a recent copy of will in her favour.
Re: Tranfer of interest in a Cooperative Housig Society
1.yes,society is right.
2.Being nominee you are entitled to merely receive the property but legally you are bound to distribute the share among the legal heir.
3.No,but lawyer has raised the dispute.
4.society is within its right.
Re: Tranfer of interest in a Cooperative Housig Society
Your answers to your query :
(a) Yes the society is right for the probate of the Will.
(b) You are nominee and you are entitled to receive the property and then distribute the respective shares to the legal heirs.
(c)No
(d) Society is doing right and everything within its powers.
Your answers to your query :
(a) Yes the society is right for the probate of the Will.
(b) You are nominee and you are entitled to receive the property and then distribute the respective shares to the legal heirs.
(c)No
(d) Society is doing right and everything within its powers.
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