Fully Agreed with Mr. Hemant Agarwal.
>>> You have initiated many threads e.g:
https://www.lawyersclubindia.com/experts/legality-of-will-435471.asp#.VALXfNeSwb8
https://www.lawyersclubindia.com/forum/Period-allowed-to-hsg-society-to-transfer-ownership-title-107213.asp#.VALYqdeSwb8
https://www.lawyersclubindia.com/forum/Status-of-legal-right-102493.asp#.VALY-NeSwb8
https://www.lawyersclubindia.com/forum/Legal-time-alloted-to-society-to-tranfer-of-ownership-right-107370.asp#.VALYfdeSwb8
>>>Extract of some of post is as below:
“He expired in 1995 then automatically the flat was transferred to my mother's name.She expired in april2014 but before that she did make a will stating that the flat should be transferred to my name and its a self acquirred flat and not a ancestral one. She also handed over nomination form stating 100% nomination in my favour.Both the wills are counter signed by 3 witnesses,”
>>> Extract from :
Maharashtra Co-operative Societies Act, 1960:
22. Person who may become member. - (1) Subject to the provisions of section 24, no person shall be admitted as a member of a society except the following, that is to say-
(a) an individual, who is competent to contract under the Indian Contract Act, 1872
(2) Where a person is refused admission as a member of a society, the decision (with the reasons there for) shall be communicated to that person within fifteen days of the date of the decision, or within three months from the date of receipt of the application for admission, whichever is earlier. If the society does not communicate any decision to the applicant within three months from the date of receipt of such application the applicant shall be deemed to have been admitted as a member of the society. If any question arises whether a person has become a deemed member or otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties."
It is felt that you have not proceeded to approach the Registrar believing the other party may contest.
>>> It is felt that you do not want to produce the WILL fearing that it shall be contested.
Although if the WILL is genuine it may be successfully probated.
If the WILL is registered it shall fetch more reliance.
>>> The society may want you to get NOC from other legal heir or bring the probated WILL.
In the absence of both you shall not be the rightful owner.
