Transfer of membership in co-op., hsg. society
shrikant
(Querist) 27 March 2016
This query is : Resolved
Sir,
Kindly advice on the matter of transfer of membership in following situation
Papers of transfer of membership are submitted by daughter in law of the deceased member.
Two wills are submitted, one executed by Member in favour of son and other by son in favour of his wife.
Son expired before the demise of member.
Can in such case, will executed by member in favour of son is still valid, particularly when son expired before member?
Is there any way to ascertain the genuineness of wills executed?
All the wills are on plain paper.
The doubt has arised because of the fact that member had approached the society for making nomination in favour of three family members, on demise of son. Before submission of nomination, member also expired.
Thanks
Dr J C Vashista
(Expert) 28 March 2016
The member/testator is still alive therefore, there is no question of entertaining any will, which has to be considered only after death of member and not during his life time.
Rajendra K Goyal
(Expert) 28 March 2016
Ask the daughter in law to get the wills probated from court to find validity.
After the death of son, his property would be inherited as per his will.
He was not owner of the said property at the time of death, hence applicability of this will is doubtful on this property.
Discuss with local lawyer after showing him all the documents.
advocatepassy@gmail.com 971794
(Expert) 08 April 2016
There has to be some witnesses on the will. Without 2 witnesses, a will cannot be accepted. They will tell which one is genuine. If no other family member is survived, than no harm in transferring property in the name of his daughter in law. Better ask her to get Court's order.
