Transfer of flat to the nominee
Ritu Barve
(Querist) 11 September 2015
This query is : Resolved
I have submitted transfer of flat from my deceased moms name to my name. My fathers will was there. He passed away 25 years before . Society put my moms name in share certificate but didnt put a stamp , but we were getting proper receipts in her name. Now because my fathers will is not probated, society is saying you need to give advt in papers . Can i probate my fathers will now? Its been six months society has not given any written intimation to us as well.
Guest
(Expert) 11 September 2015
Consult your advocate Locally with all documents and proceed as per his advise.
Kumar Doab
(Expert) 11 September 2015
The query is not clear.
You have posted that:
"I have submitted transfer of flat from my deceased moms name to my name. My fathers will was there. He passed away 25 years before . Society put my moms name in share certificate but didnt put a stamp , but we were getting proper receipts in her name. Now because my fathers will is not probated, society is saying you need to give advt in papers . Can i probate my fathers will now? Its been six months society has not given any written intimation to us as well. '
If the flat was in the name of your mother then what exactly your father's WILL has to do with it/transfer of name?
Ritu Barve
(Querist) 11 September 2015
Our nomination is also there. My brother who is no more his wife is there. but she is not interested in any. As such my dad has written what to give to whom. But can the will be probated now?
Ritu Barve
(Querist) 11 September 2015
My mom passed away last year. I had one brother who is no more & was married. His wife stays out of India and not interested in any the things. We are middle calss, so we dont have a big property as such ever. In the society's records my mom had given my name as nominee . now when i have submitted my transfer form soceity is creating problems n asking for probated dads will or my bhabis letter. Bhabi is not interested. but i know you can have it notified in news papers , etc procedures for any claims if society wants. But society is not doing that as well. They are not giving us clear answer for past 6 months. I believe validity of the papers & cheques is six months. what after that? Now how can i probate my dads will after 25 years?
Kumar Doab
(Expert) 11 September 2015
Once again the question arises that:
'If the flat was in the name of your mother then what exactly your father's WILL has to do with it/transfer of name? '.
Who was the owner of Flat: Father or Mother?
Mother was Owner or a nominee?
State facts clearly!
Ritu Barve
(Querist) 11 September 2015
After father ...was in my moms name. Mother has named me as nominee in the forms filled
Kumar Doab
(Expert) 11 September 2015
Nominee is not owner. Nomination in CHS is not a parallel route to succession.
You are not able to narrate the facts in sequence and in one post.
NOC from remaining ClassI legal heirs is the easiest route.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 11 September 2015
1) confirm yr nomination is in Soc record.
2) keep silent till Soc insists for brobaye
3) wait Soc may reply u soon
Ritu Barve
(Querist) 14 December 2015
after 9 month , secretary has given us letter that my name can be endorsed on the share certificate by admitting me as a member of the society. however can not be treated as owner ...unless we complete legal formalities...meaning what.
How they are concerned with succession law as no one has approached them till date except me. As per law even after transfer of flat another legal hair approaches , society can not be blamed or been put a case against.
Kumar Doab
(Expert) 14 December 2015
1. It has already been pointed pout that nominee is not owner.
Nomination does not and can not take away rights of other legal heirs.
2. If original owner was father and father left a WILL then without execution of WILL mother is not owner.
3. In certain/presidential cities e.g. Mumbai probate of WILL is must.
4. If there is a procedure of NOC/letter by Bhabhi or newspaper publication then get it done.
Otherwise the nominee is not owner.
Beyond this there is nothing more that I can add.
Ritu Barve
(Querist) 22 April 2016
Hi,
My name is added in the share certificates ans shares are transferred in our name means what.
Kumar Doab
(Expert) 22 April 2016
Ask society office or your local lawyer.
Expert Mr. Jeevan Patil is from Mumbai and you may approach him for clarifications.
