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Haresh jamnu (GM)     10 June 2010

Can someone claim joint ownership

My father did a will giving his house to me and cash and jewellery to my sister.  My father in his will has stated that he is the sole owner of the property. He had also nominated me in the society after my mother's death and society has got the nomination acknowledged in 1996 by society. My father died in 2001. I got the will probated.  Can someone now claim that he is a joint holder and needs 50% share.  My father's brother in law seems to be claiming that on the basis of the will made by his wife who died in 2002.  His wife is my mother's sister.

 

I enquired from Maharashtra CHS office in Mumbai and they in their magazine have clearly mentioned that the second owner does not have right to nomination or disposal of property without the consent of the primary owner.  I have been staying in the house since 1973 and have been paying all dues / maintenance /repair charges.  By writing one letter (in 2006)to the society my father's brother in law has made life hell for me as the society who has never seen him or met him seem to be wanting his NOC to trasfer right title and interest in my name.  I have given all the indemnity that is required clearing the society of all incumberances in case of any other claim.

 

Please advise



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 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 June 2010

Unless the probate is challanged and set aside ; no body can challange the will. If society does not agree with the will file a suit in the cooprative court of your area for declaration and direction to the co op society to transfer the shares and related property in your name.This will be fast and quick process.

1 Like

Haresh jamnu (GM)     10 June 2010

Thank You Sir.  We have struggled with the society for 10 years.  Will be grateful if you can let us know how long does the registrar take to dispose off such appeals,

 

Thanks once again


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