Room in reg society
Mohammad Ali
(Querist) 15 December 2012
This query is : Resolved
My father had made a nomination & will for property (in a registered housing society) as under;
He had nominated three names 1) My mother’s name 2) my name 3)my younger brother’s name…
After the death of my father my society has transferred the said room on my mother’s name & we (myself & my brother) name were continued as a nominee…
10 years back my mother has expired… after that my younger brother has tried so much to transfer the said property on his name but society has refused to do the same, as after the name of my mother I am the first nominee….
Unfortunately, in last month my younger brother also expired…..& the said property is still registered on the my mother’s name…& I have sent request letters to Society for transfer on my Name, but Society is not replying me…
What should I do in these circumstances…?
ajay sethi
(Expert) 15 December 2012
you must have made wirtten application for transfer of flat . have you obtained probate of your father will . ?
on your father death society ought to have transferred flat in the name of all 3 legal heris .
now that your mother is dead you and your brother are the legal heirs . you have not mentioned whether your brother was married or not .
he had 50%share in the said flat . on his death his share will devlove on his legal heirs .
contact a local lawyer .
society will not transfer flat in your name unless your brother legal heirs furnish NOC
R.K Nanda
(Expert) 15 December 2012
contact local lawyer.
Raj Kumar Makkad
(Expert) 15 December 2012
Your information is incomplete only up to the extent of legal heirs of your brother. If he was married then definitely 1/2 share shall go to his legal heirs means wife and children, as the same may be and rest of 1/2 share shall be devolved upon in your favour.
Raj Kumar Makkad
(Expert) 15 December 2012
Your information is incomplete only up to the extent of legal heirs of your brother. If he was married then definitely 1/2 share shall go to his legal heirs means wife and children, as the same may be and rest of 1/2 share shall be devolved upon in your favour.
