Transfer of flat
trevor pereira
(Querist) 21 May 2014
This query is : Resolved
On my mother's death she willed that the family flat shall be bequeated to me and my brother. When she was alive she also nominated us in the societies records.
When we approached our housing society they said that they cannot transfer the flat unless we get the NOC from our sisters. One of our sisters will give us the NOC but the other will not.
Please advice us the solution. How to go about it. Thank you.
Devajyoti Barman
(Expert) 21 May 2014
Where are you from?
Since Will is there , you better apply for Probate.
Once it is granted no body can raise any dispute.
ajay sethi
(Expert) 21 May 2014
1) you have to apply for probate of will
2) since nomination has been made in society records society can transfer flat in you r and your brother name .
3) however for sale of flat you would need the probate of will
Rajendra K Goyal
(Expert) 21 May 2014
Get the will probated, and then approach the society.
V.T.Venkataram
(Expert) 22 May 2014
"Probate" means copy of the will certified under the seal of a court of a competent jurisdiction. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator.
The housing society is bound by the probated will and cannot insist of NOC from others !!
R.V.RAO
(Expert) 23 May 2014
excellent piece of advice by above LCI experts.
T. Kalaiselvan, Advocate
(Expert) 23 May 2014
I agree and endorse the views of the experts on the subject issue, nothing more to add.
