Registered will requires decree from court or probate
Rohit
(Querist) 09 June 2016
This query is : Resolved
Purchasing a CGHS Flat in Gurgaon. Conveyance Deed is in the name of Seller's father. Seller's father died and left behind a Registered Will. Basis Will, seller (son) got his name added in society's record by applying to Asst Registrar, Co-Op Society, Gurgaon. Share Certificates were also now endorsed in Seller's name. Now while applying to a Bank for loan, they are asking for Court Decree or Probate of Will. Is it necessary? Seller is having two siblings(2 sisters) - one of them already died.
Note: The seller has not executed any Conveyance Deed in his favour.
kavksatyanarayana
(Expert) 09 June 2016
probate of will or court decree is not necessary for a registered will. but is it clearly mentioned about the wife and children of the seller's father and his properties in the will? what are the contents of the will? so consult a local lawyer and get his advise.
Rohit
(Querist) 09 June 2016
With regards to the content of the Registered Will, mother of seller had passed away long back. As mentioned, seller is having two siblings - 2 sisters; both married but one died after his father's death.
Now as per the will of seller's father, it only talks about the transferring all rights in the subject flat to his son. But not even mentioned about his daughters (sellers' siblings) in the will. The will only talks about transferring all rights (property, accounts, investment) to his son (seller) only. No mention of daughters and any share.
Devajyoti Barman
(Expert) 10 June 2016
Well in many states taking of probate of compulsory. So check with your state.
If it is not then apply for succession certificate.
Since the seLler has two daughters as well , get their NOC.
Kumar Doab
(Expert) 10 June 2016
Did seller submit NOC of sisters to Asst. Registrar?
Rajendra K Goyal
(Expert) 10 June 2016
Probating of will is not required.
Ask the Bank to have legal opinion from their legal cell.
Rohit
(Querist) 12 June 2016
Kumar Doab: No seller's father while registering his will had not submitted or taken NOC from her daughters.
Devajyoti Barman: IN Haryana, Certificate of Legal Heir is not applicable. Also these are seller's sisters; daughter of seller's father. The Conveyance Deed is in the name of seller's father and seller got the property via Registered Will.
Rajendra K Goyal: Post taking legal opinion they are citing either Decree from Court or Probate of Will. They said they might do the case without it but I may get any issue later if someone claims the property. I'll not a clear title.
Request you all to please help.
Kumar Doab
(Expert) 12 June 2016
In Haryana probate of WILL is not mandatory.
Apparently the society and Asst Registrar, Co-Op Society, Gurgaon, have not completed the procedure since NOC of other heirs/successors is not obtained on record ( in the absence of Probate).
LCI Expert Mr. Rajendra K Goyal is from Haryana and can guide further.
Kumar Doab
(Expert) 12 June 2016
23. Transfer of interest on death of member
http://rcsharyana.gov.in/images/pdf/HARYANA-CO-OPERATIVE-SOCIETIES-ACT.pdf
Certainly the local lawyer can guide you the best.
Rohit
(Querist) 22 June 2016
Request LCI Expert Mr. Rajendra K Goyal to help in this matter.
Also do not know the procedure and manner in which Asst Registrar changes the membership to other person basis will.
Kumar Doab
(Expert) 22 June 2016
If you need help you need to contact Mr. Goyal.
