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Jayesh (None)     23 July 2012

Flat transfer without probated will

Hello

 

My aunt { father's real sister } has a flat in Mumbai, Maharastra, she had never married and my grandfather had helped her by giving some cash to her to buy this flat, after the death of my grand father , my aunt had dispute with us about her share in my grand fathers property, in between she died { before 5 months } although when she was alive we had written to the housing society to not to transfer or create any 3rd party interest in the said flat as the said flat is also mentioned in the reply to the Suit she had filed, now we get a reply from the society that her nominee is claiming that flat and also claims that he is bequethed in the will too, however the will in not probated, my question is that can the society transfer this flat only on the strength of a non probated will and in spite of our objection and our rights, as she was a family member thus making us heirs to this flat

 

Thank you



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2012

Mr. Jayesh,

If the Will which is required to be probated, under the Act, if not probated, has no legal sanctity and binding force.There is no limitation for grant of letters of administration or probate.  Where the estate is in the possession of administrator there is no question of the Probate Court delivering the possession to him but the probate will be decisive only with regard to the genuineness of the Will propounded and the right of the executor to represent the estate

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