Lease of apartment before the will is probated


Simple synopsis: •My father owned a self made/ self-owned flat in a CHS in Colaba. •He passed away around 18 months back. My mother passed away more than 15 years ago. •We are a Hindu family of 4. (My father, mother (mentioned above), my sister and me). •The flat was nominated in my favour and based on the nomination, the Society transferred the share certificate in my name •There is a proper Will of my father which also mentions that the subject flat has been bequeathed to me. •There is no dispute between my sister and me. She has given an Affidavit that she has no interest in the flat and the said Will is genuine and she does not contest the Will or the Nomination. •There is no other dispute, no claim, no letter registered with the Society on this matter. •The dues are all paid and clear. The Society MC has advised that until and unless the Will is probated, I (as a nominee) cannot lease out the apartment and they will not issue a NOC. What is the law on the subject?

Answers (2)


219 votes

NOC from CHS is not required for leasing out the property. There is no such condition as per law. CHS have their own bye-laws which has no binding but they are used only to harass a person. You do have a strong paper work and you can lease out your property. In my view to avoid any unreasonable harassment by CHS you can give your property on leave and licence for 11 month and mean while you can get the probate of will. It hardly takes 6-8 months for probate. For any further clarification and detailed line of action kindly book a consultancy call.


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109 votes

Inspire of a will duly registered and no dispute from your side it is the procedure in law for will probate. The society is not wrong in this. If they are asking for will probate you have to do otherwise they will not give noc. Either you can lease the flat by telling the society that they are relatives, so they will have to be of your caste. Or you can start the filing process for will probate and tell them that will probate is a lengthy process and I have already filed for it and please grant me Noc so that I can lease the flat

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