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veena deshpande (manager)     16 July 2012

Transfer of flat & will

My father brought a flat and nominated my mother as a nominee in a Co-op hosuing society.After his death the society transferred the flat in my mothers name. My mother nominated me(daughter)as first nominee alongwith my brothers. After her death the society transfrerred the flat in my name at AGM on share certificate & maintenance bills.They did not issued me the share certificate since my brother did not issued the NOC in my favor.

My mother also made a will wherein she adviced that after her death the flat needs to be sold within one year and proceeds to be distributed equally between 3 of us.My brothers who are occupying the flat neither vacating,selling even after five years stating that my mother had no rights to mention about the flat in her will as she was nominee and they will not sale the flat nor give share to me.

Please advice on options for me to get the share certificate & sale the flat to honor my mother's will.

veena



Learning

 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     16 July 2012

Dear Veena,

 

Hi! This is Advocate Rohit Dalmia from Mumbai. Do you have the original will with you??????

 

You need to file the testamentary petition in the High Court for getthing the will executed.

 

Since, your brother are in the occupation of the premises and are not co-operating with you, therefore it is adviseable to act fast in order to secure your rights in the property.

 

You may call upon 09324538481 for legal assistance.

 

Regards,


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