Tarnsmission of flat in chs through registered will

Yogesh (Querist) 06 October 2016 This query is : Resolved
Respected sir,
iam Yogesh ,residing in mumbai.iam a managing committee member in my chs with designation of joint secretary.
There are numerous cases of transmission of flats to the legal heirs in our society but a recent case of transmission would like to share with you.
A person "A" was registered member in our society died after transferring his flat to "B" his wife.Now recently "B" died of old age and ill health.Both "A" and "B" has 2 sons and 2 daughters."B" before her death executed a registered will under her only younger daughter and didn't mention anything about her other 3 siblings.
now the executor of will has applied to our society to transfer the flat in her name only.so please comment on following:
1.Does the executor of will becomes only owner in above matter?
2.does the managing committee should ask for probate of will or any approval of will from court?
3.documents required by the executor to furnish to society in order to become member?
waiting for ur reply...thnks
Yogesh

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cherukuri prasad (Expert) 07 October 2016

1.beneficiary becomes the owner not executor.
2. Managing committee doesn't have such power under law
3.I think will deed is sufficient and ex facie evidence will substantiate the claim.

Society can't decide title. In India even Registration law doesn't even decide title. where from society is coming.

Kumar Doab (Expert) 07 October 2016
The society is located in which city?

Which personal law applies to A and B? say; Hindu Succession laws?

How did A transmit his flat/share to B? Say by WILL/Gift/Inheritance etc? Who were other Legal heirs of A?

Kuummaar AS (Expert) 07 October 2016
What are the provisions in the bye-laws or Rules applicable to the Society with regard to transfer/transmission?

Kumar Doab (Expert) 07 October 2016
Regret; By oversight did not notice; "iam Yogesh ,residing in mumbai.iam a managing committee member in my chs with designation of joint secretary.".

At Mumbai it is mandatory to probate the WILL.

You may reply to all other points, pointwise.

Rajendra K Goyal (Expert) 07 October 2016
After A the property was to be inherited by all his legal heirs or whether others have given relinquishment deed in favor of B?

Ask them to get the will probated and proceed as per probated will.

Kumar Doab (Expert) 07 October 2016
Check if society has not erred during transmission from A to B!

Guest (Expert) 08 October 2016
Any concern with the case or ABC?

Rajendra K Goyal (Expert) 08 October 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Transmission-of-flat--619236.asp

Kumar Doab (Expert) 08 October 2016
Why to repeat?

Pls post in one and original thread only.

Kumar Doab (Expert) 08 October 2016
You are a joint secretary, in CHS.

{"residing in mumbai.iam a managing committee member in my chs with designation of joint secretary."

http://www.lawyersclubindia.com/experts/Tarnsmission-of-flat-in-chs-through-registered-will-619221.asp}

The CHS may have many issues and may preferably engage a very able counsel for all matters.

The CHS can afford it also.

LCI Expert Mr. Hemant Agarwal, Mr. Ajay Sethi are from Mumbai and handle such matters.

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