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Housing society ignoring the will and asking for legal heir
10-Aug-2023 (In Property Law)
My aunti ( hindu religion ) staying with me had nominated me for the flat in the housing society. She was widow and had no children. She had three brothers and one sister all passed away. Her late husband had one brother .He also passed away. After my aunty’s death society transferred share certificate in my favour as per section 30 of MCSA. They are not accepting Nomination form. They want legal heir to be brought on record. In the will she has mentioned that the flat should be given to me after her death. How to resolve this problem. What are the best options to me. If additional information is required kindly advice. Thanks
I THINK YOUR NEED TO GO FOR PROBATE AND GET SUCCESSION CERTIFICATE AS SOCIETY WANTS NOC FROM THE LEGAL HEIRS. SOME OF THE LEGAL HEIRS MIGHT HAVE RAISED OBJECTION SO SOCIETY IS PLAYING SAFE AND WANTS ALL LEGAL HEIRS TO COME ON RECORD AND GIVE CONSENT IN YOUR FAVOR FOR THE SAID TRANSFER. FOR FURTHERASSISTANCE FEEL FREE TO CONTACT ME FOR LEGAL CONSULTATION.
Helpful?
Adv. Krinjal S. Ahuja
Mumbai | 100+ Answers
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This is my response to you:
1. If she has made a Will then file a probate petition in the court;
2. the nomination form does not transfer title;
3. Also obtain succession certificate and legal heir certificate (you may need in the future);
4. Consult a local lawyer and let him/her verify the documents available with you.
1. If she has made a Will then file a probate petition in the court;
2. the nomination form does not transfer title;
3. Also obtain succession certificate and legal heir certificate (you may need in the future);
4. Consult a local lawyer and let him/her verify the documents available with you.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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